Los Angeles, California, September 18,2012

MINUTES OF REGULAR MEETING OF THE BOARD OF WATER AND POWER COMMISSIONERS OF THE CITY OF LOS ANGELES HELD IN ROOM 1555-H SEPTEMBER 18,2012 1:36 P.M.

Meeting called to order by Vice President Eric Holoman and roll called:

Present Commissioners: Vice President Holoman Richard Moss Jonathan Parfrey

Absent- Thomas S. Sayles Christina E. Noonan

A quorum present.

IN ATTENDANCE were the following:

Ronald O. Nichols, General Manager Martin L. Adams, Director ofWater Operations, Water System Aram H. Benyamin, Senior Assistant General Manager - Power System, Power System Joseph Brajevich, Assistant General Counsel, Water and Power, City Attorney's Office Richard M. Brown, General Counsel, Water and Power, City Attorney's Office Steven Cole, Waterworks Engineer, Water Operations, Water System Albert Gastelum, Managing Water Utility Engineer, Water Engineering & Technical Services, Water System Sharon Grove, Assistant General Manager - Customer Experience Charles Holloway, Utility Services Manager, Environmental Affairs Division Reynan Ledesma, Property Manager, Real Estate Philip Leiber, Chief Financial Officer, Financial Services Organization James B. McDaniel, Senior Assistant General Manager Water System, Water System Nadia Parker, Environmental Supervisor, Environmental Affairs Thomas Patzlaff, Fleet Services Manager, Operations Support Services Joe Reynoso, Industrial Graphics Supervisor, Business Support Services Kevin Ryan, Deputy City Attorney, City Attorney's Office Mark J. Sedlacek, Director ofEnvironmental Affairs, Intergovernmental Affairs Michael S. Webster, Power Engineering Manager, Power System Planning and Development, Power System Kurt Wells, Waterworks Engineer, Water Engineering & Technical Services, Water System Gwen Williams, Director of Supply Chain Services, Systems Support Division Gary E. Wong, Assistant General Manager - Systems Support Division

Also, in attendance:

Tom LaBonge, Councilmember, Fourth District

ITEM NO.1 - Opening remarks were made by the Commission President on agenda and other items relating to Department operations.

ITEM NO.2 - A reportlbriefing was given by the General Manager. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 2

ITEM NO.3 - Comments and/or requests from Commissioners were made during the Board meeting relating to Department operations.

Commissioner Moss - Requested a report on LADWP's surplus real estate and an update from the last report.

Commissioner Parfrey - Requested from the Support Services' July Monthly Report: 1) Provide an update to the Smart Grid activities; 2) Provide an update on how video conferencing capabilities can be integrated to include the public in more LADWP meetings/events.

Commissioner Moss - How does the power plant closure at San Onofre affect LADWP and the general power supply for Southern California?

Commissioner Moss - Requested for a security briefing and an update on earthquake safety at a closed session meeting. The Earthquake Safety report is a repeat request from May 1,2012 Meeting (Request No. 3004).

Commissioner Holoman - Defer Item 29 (Grievance for Robert Elbinger) to the next meeting.

Commissioner Parfrey - Research ifthe Scattergood Generating Station Unit 3 Repowering Project violates the City Storm Water Treatment requirements.

Commissioner Parfrey - Discuss with LAX about their use ofCN G fuel construction equipment for the construction ofthe Scattergood Generating Station Unit 3 Project.

Commissioner Moss Add an amendment to Item 27 (Land Transfer) stating that the land will revert back to LADWP ifthe City ofLos Angeles does not build a Fire Station.

Commissioner Parfrey Requested from the Water System's July Monthly Report: Work with Public Affairs to promote better Water Conservation among customers.

ITEM NO.4 - The Secretary presented the opportunity for the public to address the Board on items ofinterest to the public that are within the subject matter jurisdiction ofthe Board.

ITEM NO. 29 - A written recommendation was received from the Personnel Relations Committee that the Board approve their report relative to Grievance No. M-085-10 filed by Robert Elbinger.

Commissioner Parfrey moved to defer this item.

Seconded by Commissioner Moss and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

Written recommendations, approved by the General Manager, transmitting the following resolutions, approved as to form and legality by the City Attorney: REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 3

Commissioner Parfrey moved adoption ofthe following ten resolutions, approved as to form and legality by the City Attorney:

ITEM NO.5 - Authorizes award of Contract No. N-321 (Amendment No. I) for Furnishing Emergency Repair and Specialized Services for Generating Stations and Power System Equipment at Various Department Locations with Turbine Repair Services, LLC. The amendment will increase the contract amount by $500,000. Submitted by Senior Assistant General Manager - Power System and Assistant General Manager Systems Support Division.

RESOLUTION NO. 19483

WHEREAS, Turbine Repair Services, LLC, was awarded Contract No. N-321 for furnishing Emergency Repair and Specialized Services for Generating Stations and Power Systems Equipment at VariOllS Department Locations; and

WHEREAS, the LADWP's Power System recommends approval ofAmendment No. I to Contract No. N-321 with Turbine Repair Services, LLC to increase the original period contract amount by $500,000.00 to $2,303,734.00; and

WHEREAS, that pursuant to City Charter Section 1022, the Board finds it more feasible to have work performed by outside services because LADWP does not have a sufficient number ofemployees properly trained and does not have the specialized equipment necessary.

NOW, THEREFORE, BE IT RESOLVED that Amendment No. I to Contract No. N-321, is approved as to form and legality by the City Attorney and on file with the Secretary ofthe Board.

BE IT FURTHER RESOLVED that the President or Vice President ofthe Board, or the General Manager, or such person as the General Manager shall designate in writing, and the Secretary, Assistant Secretary, or the Acting Secretary ofthe Board are hereby authorized, empowered, and directed to execute said amendment for and on behalf ofthe LADWP

BE IT FURTHER RESOLVED that the Chief Accounting Employee ofLAD WP is hereby authorized and directed to draw demands on the Power Revenue Fund in accordance with the terms ofthis amendment awarded pursuant to Contract No. N-321 and this resolution.

ITEM NO.6 - Authorizes award ofSpecification No. N-382 for 34.5-kV Interrupter Switches, to S&C Electric Company, for a total amount not to exceed $1,806,931 for a term of one year with two optional one-year extensions. Submitted by Senior Assistant General Manager ­ Power System and Assistant General Manager Systems Support Division.

RESOLUTION NO. 19484

WHEREAS, through a competitive bid process the Los Angeles Department ofWater and Power (LADWP) sought to furnish and deliver 34.5-kV interrupter switches under Specification No. N-382; and

WHEREAS, LADWP received two bids, all ofwhich were determined to be non-responsive; and

WHEREAS, S&C Electric Company (S&C Electric) was the lowest bidder, but took exceptions to LADWP's terms and conditions; and REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 4

WHEREAS, LADWP negotiated the terms and conditions with S&C Electric and S&C Electric agreed to comply with all LADWP's terms and conditions, under Specification No. N-382; and

WHEREAS, LADWP's Power System recommends a negotiated contract be awarded to S&C Electric under Specification No. N-382; and

NOW, THEREFORE, BE IT RESOLVED that S&C Electric is awarded a negotiated contract, for a total amount not to exceed $1,806,931.00 for a term ofone year with two optional one­ year extensions, under Specification No. N-382, approved as to form and legality by the City Attorney and on file with the Secretary ofthe Board.

BE IT FURTHER RESOLVED that the Chief Accounting Employee ofLADWP is hereby authorized and directed to draw demands on the Power Revenue Fund in accordance with the terms ofthis contract awarded pursuant to Specification No. N-382 and this Resolution.

BE IT FURTHER RESOLVED that the President or Vice President, or the General Manager, or such person as the General Manager shall designate in writing, and the Secretary, Assistant Secretary, or the Acting Secretary ofthe Board are hereby authorized, empowered, and directed to execute said contract for and on behalf ofLADWP.

ITEM NO.7 - Authorizes award ofSpecification No. 390 for Gearbox Oil for Wind Turbine Generators, to Amsoil, Inc., for a total amount not to exceed $546,083 for a term ofone year. Submitted by Senior Assistant General Manager Power System and Assistant General Manager - Systems Support Division.

RESOLUTION NO. 19485

WHEREAS, Amsoil, Inc. is the lowest bidder under Specification No. 390; and

WHEREAS, this contract is to furnish and deliver gearbox oil for Wind Turbine Generators and the Los Angeles Department ofWater and Power's (LADWP) Power System recommends award ofthis contract.

NOW, THEREFORE, BE IT RESOLVED that Amsoil, Inc. is awarded a contract for a total amount not to exceed $546,083.00, for a period ofone year, under Specification No. 390, approved as to form and legality by the City Attorney and on file with the Secretary ofthe Board.

BE IT FURTHER RESOLVED that the ChiefAccounting Employee is hereby authorized and directed to draw demands on the Power Revenue Fund in accordance with the terms ofthis contract awarded pursuant to Specification No. 390 and this Resolution.

BE IT FURTHER RESOLVED that the President or Vice President ofthe Board or the General Manager, or such person as he shall designate in writing, and the Secretary, Assistant Secretary, or the Acting Secretary ofthe Board are hereby authorized, empowered, and directed to execute said contract for and on behalf ofLADWP.

ITEM NO.8 - Authorizes award ofContract No. 920 (Amendment No.1) to purchase Parts, Engines, Transmissions, New and Remanufactured, for Ford Passenger Cars, Light and Medium Duty Trucks with Vista Ford to extend the contract term by six months. Submitted by Assistant General Manager - Systems Support Division, Senior Assistant General Manager Water System, and Senior Assistant General Manager Power System. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 5

RESOLUTION NO. 19486

WHEREAS, Vista Ford was awarded Contract No. 920 for parts, engines, transmissions, new and remanufactured, for Ford passenger cars, light and medium duty trucks; and

WHEREAS, Support Systems Division recommends Amendment No. 1 to Contract No. 920 with Vista Ford to increase the contract term ofthe second optional period by six months and limit the contract expenditures to $134,000.00. No additional money is being requested; and

WHEREAS, under Los Angeles Administrative Code Section 10.5(b )(2) Amendment No.1 to Contract No. 920 will not require City Council approval.

NOW, THEREFORE, BE IT RESOLVED that Amendment No.1 to Contract No. 920 is approved as to form and legality by the City Attorney and on file with the Secretary ofthe Board.

BE IT FURTHER RESOLVED that the President or Vice President ofthe Board, or the General Manager, or such person as the General Manager shall designate in writing, and the Secretary, Assistant Secretary, or the Acting Secretary ofthe Board be and they are hereby authorized and directed to execute said amendment for and on ofbehalfofthe LADWP.

BE IT FURTHER RESOLVED that the ChiefAccounting Employee is hereby authorized and directed to draw demands upon the Water Revenue in accordance with the terms ofthis amendment to Contract No. 920 and this Resolution.

ITEM NO.10 - Authorizes award ofSpecification No. 7418 to furnish and deliver Slide Gates for the Los Angeles Aqueduct Filtration Plant Ultraviolet Facility, to Whipps, Inc., for a total amount not to exceed $203,106 for a one-time spot purchase. Submitted by Senior Assistant General Manager Water System and Assistant General Manager - Systems Support Division,

RESOLUTION NO. 19487

WHEREAS, the Los Angeles Department ofWater and Power's (LADWP) Water System recommends award ofthis contract to Whipps, Inc. (Whipps); and

WHEREAS, Whipps was the lowest responsive bidder meeting the technical requirements under Specification No. 7418, for the Slide Gates for the Los Angeles Aqueduct Filtration Plant Ultraviolet Disinfection Plant; and

WHEREAS, LADWP's Water System is requesting a 15 percent contingency due to the potential for unforeseen conditions that may be encountered during fabrication.

NOW, THEREFORE, BE IT RESOLVED that Whipps is awarded the contract for a total amount not to exceed $203,106.00, which includes a 15 percent contingency, for a one-time spot purchase, under Specification No. 7418, approved as to form and legality by the City Attorney and on file with the Secretary ofthe Board.

BE IT FURTHER RESOLVED that the Chief Accounting Employee is hereby authorized and directed to draw demands upon the Water Revenue Fund in accordance with the terms ofthis contract awarded pursuant to Specification No. 7418 and this resolution.

BE IT FURTHER RESOLVED that the President or Vice President ofthe Board, or the General Manager, or such person as the General Manager shall designate in writing or his designee, and the Secretary, Assistant Secretary, or the Acting Secretary ofthe Board are hereby authorized and directed to execute said contracts for and on behalf ofLADWP. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 6

ITEM NO. 12 - Authorizes award ofSpecification No. 7433 to furnish and deliver Flow Meters for the Los Angeles Aqueduct Filtration Plant Ultraviolet Facility, to Accurate Measurement Systems, Inc., for a total amount not to exceed $1,374,005 for a one-time spot purchase. Submitted by Senior Assistant General Manager - Water System and Assistant General Manager - Systems Support Division.

RESOLUTION NO. 19488

WHEREAS, Accurate Measurement Systems, Inc. (AMS) was the only responsive bidder under Specification No. 7433; and

WHEREAS, the Los Angeles Department ofWater and Power's (LADWP) Water System recommends award ofthis contract to AMS; and

WHEREAS, LADWP's Water System is requesting a 15 percent contingency due to the potential for unforeseen conditions that may be encountered during fabrication.

NOW, THEREFORE, BE IT RESOLVED that AMS is awarded the contract for a total amount not to exceed $1,374,005.00, which includes a 15 percent contingency, for a one-time spot purchase, under Specification No. 7433, approved as to form and legality by the City Attorney and on file with the Secretary ofthe Board.

BE IT FURTHER RESOLVED that the ChiefAccounting Employee is hereby authorized and directed to draw demands upon the Water Revenue Fund in accordance with the terms ofthis contract awarded pursuant to Specification No. 7433 and this resolution.

BE IT FURTHER RESOLVED that the President or Vice President ofthe Board, or the General Manager, or such person as the General Manager shall designate in writing or designee, and the Secretary, Assistant Secretary, or the Acting Secretary ofthe Board are hereby authorized and directed to execute said contract for and on behalfofLADWP.

ITEM NO. 14 - Authorizes execution ofAgreement No. 47109-3 for Castaic Modernization Project Unit 1 Special Site Work, to Wood Group Field Services, Inc., for a total amount not to exceed $12,842,595 for a term of3 years. Submitted by Senior Assistant General Manager - Power System.

RESOLUTION NO. 013-056

WHEREAS, the City ofLos Angeles Department ofWater and Power (LADWP) has developed and approved the Integrated Resource Plan (IRP), which calls for multiple major power projects, including the modernization ofhydroelectric power plants such as the Castaic Pumped Storage Power Plant (Castaic); and

WHEREAS, LADWP intends to perform project management, quality assurance, and cost control ofthe Castaic Unit 1 Special Site Work (Project); and

WHEREAS, Unit 1 was originally commissioned in 1973, and currently requires high maintenance. In recent years, this unit has experienced major outages due to equipment failures. Unit 1 operates as a generator, pump, and condenser under LADWP's Power System; and

WHEREAS, the goal ofthis project is to improve the equipment reliability, efficiency, and capacity ofUnit 1 for another 30 years; and

WHEREAS, on April 20, 2012, LADWP released a Request for Proposal (RFP) No. 90057 seeking proposals from qualified firms to implement the Castaic Project, and one firm responded; and REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 7

WHEREAS, LADWP evaluated the received proposal submitted in response to RFP No. 90057, interviewed the firm, contacted references, and selected Wood Group as being the most qualified firm to implement the Castaic Project; and

WHEREAS, the Contractor has reviewed the work to be provided by the Contractor incorporated in the Agreement, and represents that it has the qualities, expertise, skills, and abilities to perform such work; and

WHEREAS, LADWP proposes to enter into Agreement No. 47109-3 with Wood Group to implement the Castaic Project for a duration not to exceed three years, and for an amount not to exceed $12,842,595, which includes a total contract base amount of$11,167,474 and a 15 percent contingency of$1,675,121.

NOW, THEREFORE, BE IT RESOLVED that Agreement No. 47109-3 between the LADWP and Wood Group Field Services, approved as to form and legality by the City Attorney and filed with the Secretary ofthe Board, be and the same is hereby approved.

BE IT FURTHER RESOLVED that, pursuant to Charter Section 1022, such services can be performed more feasibly by an independent contractor than by City employees.

BE IT FURTHER RESOLVED that the President, or Vice President ofthe Board, or the General Manager, or such person as the General Manager shall designate in writing, and the Secretary, Assistant Secretary, or the Acting Secretary ofthe Board be and they are hereby authorized, empowered, and directed to execute said Agreement for and on behalfofthe LADWP.

BE IT FURTHER RESOLVED that the ChiefAccounting Employee ofthe LADWP, upon proper certification, is authorized, empowered and directed to draw demands on the Power Revenue Fund in payment ofthe obligations arising under this Agreement.

ITEM NO. 15 - Authorizes execution ofthe Large Generator Interconnection Agreement for Perrin Ranch Wind Project among the Co-owners ofthe Navajo Transmission Project and Perrin Ranch Wind, LLC (Contract No. 52466). Council approval is required. Submitted by Senior Assistant General Manager - Power System.

RESOLUTION NO. 013-057

WHEREAS, Arizona Public Service Company, EI Paso Electric Company (APS), the City of Los Angeles acting by and through the Department ofWater and Power (LADWP), Nevada Power Company, doing business and NV Energy (NV Energy), Salt River Project Agricultural Improvement and Power District (Salt River), Tucson Electric Power Company (TEP), and the United States ofAmerica acting through the Secretary ofthe Interior, Bureau ofReclamation (USBR) (collectively, the Navajo Participants) executed the Navajo Project Co-Tenancy Agreement, DWP Agreement No. 10498, as amended, and the Navajo Project Southern Transmission System Operating Agreement, DWP No. 10124, which governs in part third party interconnections to the southern transmission system ofthe Navajo Project; and

WHEREAS, Perrin Wind Ranch, LLC, is a third party that submitted an interconnection request to the Navajo Participants to physically interconnect a 100.8 MW wind generation facility to the proposed Cedar Mountain 500 k V Switchyard which will be part ofthe Southern Transmission System; and

WHEREAS, the Navajo Participants require Perrin Ranch Wind, LLC to execute the Large Generator Interconnection Agreement for Perrin Ranch Wind Project, Contract No. 52466 (Agreement), before interconnecting its wind generation facility to the proposed switchyard; REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 8

NOW, THEREFORE, BE IT RESOLVED that the Large Generator Interconnection Agreement for Perrin Ranch Wind Project, Contract No. 52466, among APS, LADWP, NV Energy, Salt River, TEP, USBR and Perrin Ranch Wind, LLC, approved as to form and legality by the City Attorney and filed with the Secretary ofthe Board, is hereby approved; and

BE IT FURTHER RESOLVED that the President or the Vice President, or General Manager, or such person as the General Manager shall designate in writing, and the Secretary, Assistant Secretary, or the Acting Secretary ofthe Board are hereby authorized and directed to execute said Agreement for and on behalf ofLADWP upon approval by the Los Angeles City Council.

ITEM NO. 16 - Authorizes execution ofAgreement No. WR-12-1038 with Los Angeles Media Tech Center, to provide recycled water service for irrigation purposes to its business park located at 2701 Media Center Drive, Los Angeles, California 90065. Submitted by Senior Assistant General Manager Water System.

RESOLUTION NO. 013-058

WHEREAS, Los Angeles Media Tech Center (LAMTC), is proposing to use recycled water from the Los Angeles Department of Water and Power's (LADWP) recycled water system; and

WHEREAS, Agreement No. WR-12-1038 (Agreement) is entered into between LADWP and LAMTC to provide recycled water service to its business park located at 2701 Media Center Drive, Los Angeles, California 90065, for the purpose of irrigation; and

WHEREAS, Schedule D ofWater Rates Ordinance No. 170435 (Ordinance) requires individual recycled water contracts with customers be approved by the Board ofWater and Power Commissioners; and

WHEREAS, the Agreement establishes a recycled water rate of$1.057 per hundred cubic feet (HCF) and shall be effective for three years from the date ofexecution by the authorized representatives ofboth parties, unless superseded by any subsequent adjustments to the commodity charge in Schedule A.3.a. along with any future revisions to Schedule D ofthe Ordinance imposed during the term ofthe Agreement.

NOW, THEREFORE, BE IT RESOLVED that, the proposed Agreement, approved as to form and legality by the City Attorney and filed with the Secretary ofthe Board, providing for the sale and distribution ofrecycled water to LAMTC is hereby approved.

BE IT FURTHER RESOLVED, that the President or Vice President ofthis Board, the General Manager, or such person as the General Manager shall designate in writing as his designee and the Secretary, Assistant Secretary, or the Acting Secretary ofthe Board are hereby authorized, empowered, and directed to execute said Agreement for and on behalfof LADWP.

ITEM NO. 19 - Authorizes payment ofpremiums in an amount not to exceed $550,000 for Various Minor Insurance Programs for policy year 2013-2014 that provide coverage for the Los Angeles Department ofWater and Power (LADWP) and other entities for which the LADWP has Operating Agent responsibility. Submitted by Chief Financial Officer. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1:36 P.M. Page 9

RESOLUTION NO. 013-059

WHEREAS, the City ofLos Angeles Department of Water and Power (Department) has detennined that a need exists for the purchase ofvarious insurance programs in order to protect the interests and assets ofthe Department, as well as those ofthe entities for which the Department has operating agent responsibility; and

WHEREAS, the Department is not a duly licensed insurance broker and therefore requires a designated broker to act as the Department's insurance broker/carrier; and

NOW, THEREFORE, BE IT RESOLVED that the Chief Accounting Employee is authorized, after consultation with and receiving recommendations from the Department's Risk Manager and its insurance broker, to direct the insurance broker to bind this insurance and deliver binders, certificates and policies of such insurance to the Department; and

BE IT FURTHER RESOLVED that the Chief Accounting Employee, upon proper certification ofsuch delivery, is authorized to draw and authenticate a demand on the Power Revenue Fund and Water Revenue Fund payable to the insurance broker, for payment of premiums for various existing and new minor insurance coverages not to exceed $550,000 in the aggregate, for the 2013114 policy year.

BE IT FURTHER RESOLVED that the ChiefAccounting Employee, upon recommendation from the Department's Risk Manager, is hereby authorized to draw and authenticate a further demand on the Power Revenue Fund and Water Revenue Fund payable to the Department's insurance broker for payment ofpremium for subject insurance for each ofthe 2014/15 and 2015/16 policy years, provided the total aggregate renewal premiums do not exceed an increase ofmore than 10 percent ofthe prior year's aggregate premium.

Seconded by Commissioner Moss and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

ITEM NO. 18 - Authorizes execution oflease agreement with Los Angeles Department of Recreation and Parks for Park Purposes, located at 1218 N. Beverly Drive, Los Angeles, California (Real Estate File W -85234). Submitted by Assistant General Manager - Systems Support Division and Senior Assistant General Manager - Water System.

RESOLUTION NO. 013-060

W-85234 (Lease to the City ofLos Angeles Department ofRecreation and Parks ofa portion ofthe Lower Franklin Reservoir)

BE IT RESOLVED that the fonn ofLease, approved as to fonn and legality by the City Attorney, on file with the Secretary ofthe Board, and now before this Board in connection with this Resolution, whereby the Los Angeles Department of Water and Power (LADWP), for and in consideration ofone (l) dollar per year plus mutual benefits to be derived, gives pennission to the City ofLos Angeles, Department ofRecreation and Parks (Recreation and Parks), Lessee, to use LAD WP's property for the purposes set out therein and upon the tenns and conditions set forth in said Lease, be and the same is hereby authorized and approved; and

BE IT FURTHER RESOLVED that pursuant to the City Charter, Section 605(b) the Board finds that: (1) the property rights to be leased are not presently needed for Departmental purposes; and (2) the grant ofthis lease will not interfere with Departmental purposes. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 10

BE IT FURTHER RESOLVED that the President or Vice President ofthis Board, or the General Manager, or such person as the General Manager shall designate in writing, and the Secretary, Assistant Secretary, or the Acting Secretary ofthe Board are hereby authorized and directed to execute said Lease and subsequent amendments thereto, for and on behalf ofthe LADWP.

Approval moved by Commissioner Parfrey.

Seconded by Commissioner Moss and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

ITEM NO.9 - Authorizes award of Contract No. 949 (Amendment No.1) for Services, Delivery, Installation, and Maintenance of Photocopiers on a Bare Rental Basis with Ricoh Americas Corporation. The amendment will add a third optional period and add $134,700 to the third optional period. Submitted by Assistant General Manager Systems Support Division, Senior Assistant General Manager - Water System, and Senior Assistant General Manager Power System.

RESOLUTION NO. 19489

WHEREAS, Ricoh Americas Corporation (Ricoh) was awarded Contract No. 949, a cooperative purchase to City ofLos Angeles (City) Department of General Services Division Contract 59062 (formerly Contract No. 58795), for services, delivery, installation, and maintenance ofphotocopiers on a bare rental basis; and

WHEREAS, via the Los Angeles Administrative Code Section 1O.5(b)2, LADWP's Systems Support Division recommends Amendment No.1 (Amendment) to Contract No. 949 with Ricoh to add a third optional period of 12 months and add $134,700.00 to the third optional period.

NOW, THEREFORE, BE IT RESOLVED that pursuant to City Charter Section 1022, the Board finds that it is more feasible to have the work performed by outside services, because LADWP and the City do not have the equipment nor the expertise to perform the work proposed in the contract.

BE IT FURTHER RESOLVED that Amendment No. 1 to Contract No. 949 is approved as to form and legality by the City Attorney and on file with the Secretary ofthe Board.

BE IT FURTHER RESOLVED that the Chief Accounting Employee is hereby authorized and directed to draw demands upon the Water and Power Revenue Funds in accordance with the terms ofthis amendment awarded pursuant to Contract No. 949 and this resolution.

BE IT FURTHER RESOLVED that the President or Vice President ofthe Board, or the General Manager, or such person as the General Manager shall designate in writing, and the Secretary, Assistant Secretary, or the Acting Secretary of the Board are hereby authorized and directed to execute said contract for and on behalf of LADWP.

Approval moved by Commissioner Moss.

Seconded by Commissioner Parfrey and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1:36 P.M. Page 11

ITEM NO. 11 - Authorizes award of Specification No. N-7421 for Ultraviolet Disinfection Equipment for the Los Angeles Aqueduct Filtration Plant and the Los Angeles Reservoir, to Calgon Carbon Corporation for a total amount not to exceed $14,191,411 for a one-time spot purchase. Submitted by Senior Assistant General Manager - Water System and Assistant General Manager - Systems Support Division.

RESOLUTION NO. 19490

WHEREAS) through a competitive bid process the Los Angeles Department of Water and Power (LADWP) sought to furnish and deliver Ultraviolet (UV) Disinfection Equipment for the Los Angeles Aqueduct and the Los Angeles Reservoir under Specification No. N-7421; and

WHEREAS, LADWP received two bids, both ofwhich were determined to be non­ responsive; and

WHEREAS, Calgon Carbon Corporation (Calgon), the lowest monetary and lowest evaluated bidder took exception to LADWP's terms and conditions by including manufacturer literature stating material and/or specifications are subject to change without notice; and

WHEREAS, LADWP requested Calgon to clarifY exceptions, and Calgon clarified that the manufacturer statements are standard disclaimers and affirmed that Calgon will provide all equipment and materials in accordance with their bid unless otherwise approved by LAD WP; and

WHEREAS, LADWP's Water System recommends a negotiated contract be awarded to Calgon under Specification No. N-7421; and

NOW, THEREFORE, BE IT RESOLVED that Calgon is awarded a negotiated contract, for a total amount not to exceed $14,203,369.00 for a one-time spot purchase, under Specification No. N-7421, approved as to form and legality by the City Attorney and on file with the Secretary ofthe Board.

BE IT FURTHER RESOLVED that the Chief Accounting Employee is hereby authorized and directed to draw demands upon the Water Revenue Fund in accordance with the terms ofthis contract awarded pursuant to Specification No. N-7421 and this resolution.

BE IT FURTHER RESOLVED that the President or Vice President ofthe Board, or the General Manager, or such person as the General Manager shall designate in writing or designee, and the Secretary, Assistant Secretary, or the Acting Secretary ofthe Board are hereby authorized and directed to execute said contract for and on behalf ofLADWP.

Approval moved by Commissioner Moss.

Seconded by Commissioner Parfrey and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

ITEM NO. 13 - Authorizes execution ofAgreement No. 47105-3 for Emissions Reduction Catalyst Management Plan Services, to Environex, Inc., for a total not to exceed $2,600,000 and a term of3 years. Submitted by Senior Assistant General Manager - Power System. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 12

RESOLUTION NO. 013-061

WHEREAS, The Los Angeles Department ofWater and Power (LADWP) proposes to enter into Agreement No. 47105-3 with Environex, Inc. (Environex), to provide emissions reduction catalyst management plan services on an as-needed basis at LADWP facilities for three years for an amount not-to-exceed $2,600,000; and

WHEREAS, on March 15,2012, a Request for Proposal (RFP) No. RFP90015 was advertised seeking proposals from qualified firms/organizations to provide emissions reduction catalyst management plan services; and

WHEREAS, LADWP received and evaluated four proposals submitted in response to the RFP, contacted references, and selected a Consultant as being the most qualified firm to provide emissions reduction catalyst management plan services to support compliance with the South Coast Air Quality Management District, Environmental Protection Agency, and other agencies' rules, regulations, and permit requirements for the generating units; and

WHEREAS, the Consultant has reviewed the services to be provided by the Consultant incorporated in this Agreement, and represents that it has the qualities, expertise, skills, and abilities to perform such work.

NOW, THEREFORE, BE IT RESOLVED that Agreement No, 47105-3, approved as to form and legality by the City Attorney and filed with the Secretary ofthe Board, between LADWP and Environex, be and the same is hereby approved.

BE IT FURTHER RESOLVED that pursuant to City Charter Section 1022, LADWP personnel do not have the skills and equipment to perform the type ofwork specified in this Agreement.

BE IT FURTHER RESOLVED that the Chief Accounting Employee ofLADWP, upon proper certification, is authorized and directed to draw demands on the Power Revenue Fund in payment ofthe obligations arising under said Agreement.

BE IT FURTHER RESOLVED that the President or the Vice President ofthis Board, or the General Manager or such person as he shall designate in writing, and the Secretary, Assistant Secretary, or the Acting Secretary ofthis Board are hereby authorized, empowered, and directed to execute said Agreement for and on behalfofthe LADWP.

Approval moved by Commissioner Parfrey.

Seconded by Commissioner Moss and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

ITEM NO. 17 - Authorizes execution ofsale ofSurplus City ofLos Angeles-Owned Land located in the City ofBishop, Inyo County, California (W-79914) located at 789 Home Street, City ofBishop, Inyo County, California. Council approval by ordinance is required. Submitted by Senior Assistant General Manager - Water System.

RESOLUTION NO. 013-062

W-79914

BE IT RESOLVED: REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1 :36 P.M. Page 13

Section 1. The Board finds and determines that the real property listed below, owned by the City ofLos Angeles and under the control ofthe Los Angeles Department of Water and Power, is no longer required for the use ofthe City ofLos Angeles or its Department ofWater and Power, and it is in the best interest ofthe Los Angeles Department ofWater and Power that said property be sold at public auction for not less than the minimum bid of$528,000; provided, however, that pursuant to Charter Section 675, the sale ofsaid property and the written instrument conveying title on the terms and conditions set forth herein shall first be duly approved by the Los Angeles City Council, whose approval is hereby requested.

Section 2. The real property is located in the city ofBishop, county ofInyo, state of California, and further described as follows:

That portion ofLot 25 ofthe Sierra Tract, in the northwest quarter ofSection 6, Township 7 South, Range 33 East, Mt. Diablo Meridian, in the City ofBishop, County ofInyo, State ofCalifornia, as per map recorded in Map Book 1, page 52-2, on file in the office ofthe County Recorder ofsaid County, described as follows:

BEGINNING at the southwesterly comer of said Lot 25; thence North 00°51'53" West, 254.92 feet, along the westerly line ofsaid Lot 25, to the southwesterly comer ofthat real property described in Deed to the Roman Catholic Bishop of Fresno, a corporation sole, recorded in Document No. 87-4038, ofOfficial Records, in said Recorder's office; thence North 87°35'38" East, 670.61 feet, along the southerly line ofsaid real property, to the easterly line ofsaid Lot 25; thence South 00°19'37" East, 277.98 feet to the southeasterly comer ofsaid

Lot 25; thence South 89°33'55" West, 667.77 feet to the POINT OF BEGINNING.

EXCEPTING therefrom "Portion A": the southerly 170.00 feet ofthe easterly 280.00 feet of said Lot 25; and "Portion B": the southerly 20.00 feet ofsaid Lot 25.

Containing 2.822 acres, more or less.

END OF DESCRIPTION

RESERVING unto that real property described in the above, EXCEPTING "Portion A", a Utility Easement and Right-of-Way to set power poles and guy wires; to construct, maintain, and repair power lines, underground conduit, appurtenant fixtures, and equipment; and the right to trim trees at any time in such a manner as to prevent interference with the same; together with the right ofingress and egress, all in, over, under, and across that portion ofthe real property conveyed herein, described as:

The northerly 10.00 feet ofthe southerly 46.50 feet ofthe above-described portion of said Lot 25.

SUBJECT TO all outstanding taxes and assessments, ifany.

SUBJECT TO any and all easements, covenants, conditions, restrictions, and other matters of record.

EXCEPTING AND RESERVING unto the City ofLos Angeles all water and water rights, whether surface, subsurface, or ofany other kind, and all water and water rights appurtenant or in anywise incident to the real property herein described, or used thereon or in connection therewith, together with the right to develop, take, transport, control, regulate, and use all such water; and reserving unto the Grantor all oil, gas, petroleum, or other mineral or hydrocarbon substances in and under said land, without the right to enter upon the surface ofsaid land for such use. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 14

Section 3. The teffils and conditions of the public auction, which shall be held in Bishop, California, shall be as specified herein and in the Notice of Sale pursuant to the authority granted herein and in the Ordinance submitted herewith.

Section 4. Prior to the auction, the General Manager ofthe Los Angeles Department ofWater and Power is authorized to have the appraisal upon which the minimum bid set forth in this Resolution updated. Should the updated appraisal demonstrate an appraised value different from that set forth herein and in the notice ofsale, the General Manager is authorized to replace the minimum bid with the updated value reflected in the updated appraisal.

Section 5. The Aqueduct Manager ofthe Los Angeles Department of Water and Power is hereby authorized and directed to cause said Notice ofSale to be given inviting oral bids for the sale of said excess real property at public auction; said Notice of Sale shall be given by publishing the same for three successive days in a newspaper of general circulation, printed and published in the city of Los Angeles, California; and further, said Notice ofSale shall be given by publishing the same for three consecutive days in a newspaper of general circulation in the county ofInyo, California, as the General Manager or his designees may direct.

Section 6. The Chief Accounting Employee ofthe Los Angeles Department ofWater and Power, upon proper certification, is authorized and directed to draw demands on the Water Revenue Fund in payment ofthe publication ofthe aforesaid Notice of Sale and associated cost at the established legal rate and outreach advertising costs.

Section 7. After holding the auction, should no acceptable bid be received or should the sale not be completed for the property described herein, the General Manager ofthe Los Angeles Department of Water and Power or his designee, is hereby authorized to:

1. Re-offer said property for sale to the second highest bidder, and if second highest bidder fails to complete the sale and/or comply with the conditions ofthe sale, to the third then fourth highest bidders, upon the same teffils and conditions specified in the Notice ofSale without further order or peffilission ofthe Los Angeles City Council, or

2. Declare the present Notice of Sale immediately invalid and, pursuant to Division 7, Chapter I, Article 4, Section 7.32 ofthe Los Angeles Administrative Code, cause one or more other notices of sale to be published and to conduct one or more other sale auctions under the teffils and conditions ofthe new Notice of Sale until said property authorized for sale herein is sold or otherwise disposed.

The provisions ofthis section shall be effective for a period oftwo (2) years from the effective date ofthe Ordinance approving this Resolution.

Section 8. The General Manager ofthe Los Angeles Department of Water and Power is hereby authorized to COnfiffil the sale ofthe property to the highest bidder or its successor or assigns according to the teffils set forth above and for not less than the minimum bid described herein, subject to the right ofthe City Council, the Board, or the General Manager to reject any and all bids or to withdraw any ofthe real property from sale.

Section 9. Upon approval by City Council ofthis Resolution, the President or Vice President ofthis Board, or the General Manager, or such person as he shall designate in writing as his designee, and the Secretary, Assistant Secretary, or the Acting Secretary ofthis Board are hereby authorized, empowered, and directed to execute an instrument in writing, approved as to fOffil and legality by the City Attorney, conveying title to the property, sold at public auction as provided herein, upon confiffilation ofthe sale and acceptance by the Board ofthe successful bid for said property, for and on behalfofthe City ofLos Angeles and the Los Angeles Department ofWater and Power.

Approval moved by Commissioner Moss.

Seconded by Commissioner Parfrey and carried by the following vote: REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 15

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

ITEM NO. 20 - Approves the Estimated Water Quality Improvement, Demand Side Management Reclaimed Water and Water Security Expenditures for the 12-month period commencing January 1,2013. Submitted by Chief Financial Officer and Senior Assistant General Manager Water System.

RESOLUTION NO. 013-063

WHEREAS, Water Rate Ordinance No. 170435, as amended by Ordinance Nos. 171639, 173017, 175964, 177968, 179802, and 182047, authorizes the recovery ofcertain qualified Board approved expenditures for Water Quality Improvement Programs through the Water Quality Improvement Adjustment Factor, for Demand Side Management and Reclaimed Water Programs through the Water Procurement Adjustment Factor, and Water Security costs through the Water Security Adjustment Factor.

NOW, THEREFORE, BE IT RESOLVED that the Board approves Schedules A, B, C, and D, which are on file with the Secretary ofthe Board, which describe and identify (A) water quality expenditures totaling $384.9 million, (B) demand side management expenditures totaling $30.5 million, (C) reclaimed water expenditures totaling $75.2 million, and (D) water security expenditures totaling $63.8 million for the twelve-month period from January 1, 2013, through December 31, 2013.

Approval moved by Commissioner Parfrey.

Seconded by Commissioner Moss and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

ITEM NO. 21-Authorizes award ofSpecification No. N-333 to Furnish and Deliver Water­ Filled Shade Balls for the Los Angeles Reservoir, to Artisan Screen Printing, Inc. for a total amount not to exceed $30,076,800. Submitted by Senior Assistant General Manager - Water System and Assistant General Manager Systems Support Division.

RESOLUTION NO. 19491

WHEREAS, through a competitive bid process the Los Angeles Department ofWater and Power (LADWP) sought to furnish and deliver shade balls under Specification No. N-333; and

WHEREAS, initially LADWP received four bids, all ofwhich were determined to be non­ responsive; and

WHEREAS, LADWP negotiated the contract with Phoenix, Plastics, Inc. (Phoenix), the lowest bidder; and

WHEREAS, on April 3, 2012 the Board ofWater and Power Commissioners awarded Contract No. N-333 to Phoenix; however, LADWP had to terminate the contract with Phoenix due to non-performance for delivery; and REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 16

WHEREAS, Artisan Screen Printing, Inc. (Artisan) was the second lowest bidder, but took exceptions to the manufacturer's warranty, the sample shade balls did not pass testing, and Artisan stated that they would reimburse LADWP for defective shade balls instead of replacing defective balls as specified in the specifications; and

WHEREAS, LADWP negotiated the warranty with Artisan and Artisan provided an acceptable warranty, Artisan will replace the defective shade balls, and Artisan's new samples were tested internally and tested externally by a third party and were approved; and

WHEREAS, LADWP's Water System recommends a negotiated contract be awarded to Artisan under Specification No. N-333; and

NOW, THEREFORE, BE IT RESOLVED that Artisan is awarded a negotiated contract, for a total amount not to exceed $30,076,800.00, under Specification No. N-333, approved as to form and legality by the City Attorney and on file with the Secretary ofthe Board.

BE IT FURTHER RESOLVED that the ChiefAccounting Employee is hereby authorized and directed to draw demands upon the Water Revenue Fund in accordance with the terms ofthis contract awarded pursuant to Specification No. N-333 and this resolution.

BE IT FURTHER RESOLVED that the President or Vice President, or the General Manager, or such person as the General Manager shall designate in writing, and the Secretary, Assistant Secretary, or the Acting Secretary ofthe Board are hereby authorized and directed to execute said contract for and on behalfofLADWP.

Approval moved by Commissioner Parfrey.

Seconded by Commissioner Moss and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

ITEM NO. 22 -Authorizes award ofSpecification No. 371 for Rental ofDump Trucks with Operators on a Fully-Maintained, As-Needed Basis, to L. Curti Truck & Equipment for a total amount not to exceed $15,964,861 for a term of3 years. Submitted by Assistant General Manager - Systems Support Division, Senior Assistant General Manager Water System, and Senior Assistant General Manager - Power System.

RESOLUTION NO. 19492

WHEREAS, L. Curti Truck & Equipment, a certified local business and is the lowest bidder under Groups A through C, under Specification No. 371, for rental ofdump trucks with operators on a fully-maintained, as-needed basis; and

WHEREAS, the Los Angeles Department ofWater and Power's (LADWP) Systems Support Division recommends award ofthis contract.

NOW, THEREFORE, BE IT RESOLVED that pursuant to the City Charter Section 1022, the Board finds that it is more feasible to have the work performed by outside services since equipment and operator under this agreement is supplementary to existing forces and is impractical and not cost-effective to maintain additional forces due the sporadic use ofthese rentals. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 17

BE IT RESOLVED that L. Curti Truck & Equipment is awarded the contract for a total amount not to exceed $15,964,861.00, under Groups A through C, for a period of 36 months, under Specification No. 371, approved as to form and legality by the City Attorney and on file with the Secretary ofthe Board.

BE IT FURTHER RESOLVED that the Chief Accounting Employee is hereby authorized and directed to draw demands upon the Water and Power Revenue Funds in accordance with the terms ofthese contracts awarded pursuant to Specification No. 371 and this resolution.

BE IT FURTHER RESOLVED that the President or Vice President ofthe Board, or the General Manager, or such person as the General Manager shall designate in writing, and the Secretary, Assistant Secretary, or the Acting Secretary ofthe Board be and they are hereby authorized and directed to execute said contracts for and on behalfofLADWP.

Approval moved by Commissioner Parfrey.

Seconded by Commissioner Moss and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

ITEM NO. 23 - Recommends certification ofthe Environmental Impact StatementlEnvironmental Impact Report for Barren Ridge Renewable Transmission Project (BRRTP); Adoption ofthe Mitigation Monitoring and Reporting Plan; Adoption ofthe Findings and Fact and Statement ofOverriding Considerations; and Approval ofthe BRRTP, Alternative 2, the proposed project after consideration ofthe EIR and Budget. Submitted by Director ofEnvironmental Affairs and Senior Assistant General Manager - Power System.

RESOLUTION NO. 013-064

See Attachment A for description ofresolution.

Approval moved by Commissioner Parfrey.

Seconded by Commissioner Moss and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

ITEM NO. 24 - Recommends certification ofthe Environmental Impact Report for Scattergood Generating Station Unit 3 Repowering Project; Adoption ofthe Mitigation Monitoring and Reporting Plan; Adoption ofthe Findings ofFact and Statement ofOverriding Considerations; and approval ofthe Scattergood Generating Station Unit 3 Repowering Project after consideration ofthe EIR and budget. Submitted by Director ofEnvironmental Affairs and Senior Assistant General Manager - Power System.

RESOLUTION NO. 013-065

See Attachment B for description ofresolution. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 18

Approval moved by Commissioner Parfrey.

Seconded by Commissioner Moss and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

ITEM NO. 25 - Authorizes payment of funds for the Purchase ofGreenhouse Gas Emission Allowances from the California Air Resources Board for Compliance with Assembly Bill 32 Cap-and-Trade Program. Submitted by Director ofEnvironmental Affairs and Senior Assistant General Manager - Power System.

RESOLUTION NO. 013-066

WHEREAS, the California Air Resources Board (CARB), under California Assembly Bill 32 (AB 32), introduced a Greenhouse Gas (GHG) emission allowance cap-and-trade program in which affected electric sector entities are assigned allowances based on cost burden, projected cumulative energy efficiency, and early investment in renewables; and

WHEREAS, the Los Angeles Department of Water and Power (LADWP) is affected under the AB 32 cap-and-trade program (as it provides electricity to retail end users in California); and

WHEREAS, LADWP has an obligation to provide adequate and reliable electricity service to its customers in the City ofLos Angeles; and

WHEREAS, these GHG emission allowances will be available for purchase from the CARB's quarterly auctions; and

WHEREAS, LADWP may participate in CARB's auctions to ensure its compliance with the AB 32 cap-and-trade program; and

WHEREAS, the Energy Services Executive Risk Policy Committee will provide appropriate oversight and formulate and ensure compliance with the policies, procedures and strategies; and provide periodic reports with respect to the activities associated with the allowances.

NOW, THEREFORE, BE IT RESOLVED that the Chief Accounting Employee ofthe LADWP upon proper certification is authorized and directed to draw demands upon the Power Revenue Fund in payment offees to CARB associated with the procurement ofGHG allowances.

BE IT FURTHER RESOLVED that the President or Vice-President ofthis Board, or the General Manager, or such person as the General Manager shall designate in writing, and the Secretary, Assistant Secretary, or the Acting Secretary ofthe Board are hereby authorized and directed to execute said Agreement on behalfofLADWP.

Approval moved by Commissioner Parfrey.

Seconded by Commissioner Moss and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 19

ITEM NO. 26 - Revises the established eligibility criteria for Low-Income Discount Program participants effective July 1,2012 through June 30, 2013. Submitted by Director ofCustomer Experience.

RESOLUTION NO. 013-067

WHEREAS, the rates for water and electric service set by the Board ofWater and Power Commissioners ofthe City ofLos Angeles (Board) and approved by ordinance provide a subsidy for qualified low-income residential customers; and

WHEREAS, the Board is authorized to establish from time to time the low-income eligibility criteria for use in the water and electric rates.

NOW, THEREFORE, BE IT RESOLVED that the eligibility requirements and criteria for the low-income subsidy effective July 1,2012 are:

The combined gross income, whether taxable or non-taxable, for all persons who live in the household, including but not limited to, income derived from salaries, wages, child support, alimony, interest, rental income, dividends, benefits including Aid to Families with Dependent

Children, Social Security benefits, spousal support payments, veteran benefits, disability, unemployment, retirement, cash, tips, public assistance, food stamps and all employment­ related non-cash income shall not exceed the following:

------HOUSEHOLD SIZE MAXIMUM ANNUAL GROSS INCOME 1 $22,340 2 $10.260 3 $38,180 4 $46,100 5 $54-,,02~ 6 $61,940 7 $69,860 8 $77,780 Each Additional Person $7,920 -~~~~ ------­ ------­

Approval moved by Commissioner Parfrey.

Seconded by Commissioner Moss and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

ITEM NO. 27 - Recommends transfer ofJurisdiction and Control of 1.19 acre portion ofthe property from LADWP to the City ofLos Angeles Department of General Services (Real Estate File P-85603). Council approval by ordinance is required. Submitted by Assistant General Manager - Systems Support Division and Senior Assistant General Manager - Power System.

RESOLUTION NO. 013-068

P-85603 (14651 Oxnard Street)

BE IT RESOLVED: REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 20

Section 1. It is found and detennined that the parcel ofreal property herein described, owned by the City ofLos Angeles and under the management and control ofthe Department ofWater and Power, is no longer required for use by the Department, and that Jurisdiction and Control ofsaid property should be transferred to the Department ofGeneral Services ofthe City ofLos Angeles in consideration ofthe sum of$3,031,013.00, pursuant to the provisions ofSection 675(d)(2) ofthe City Charter ofthe City ofLos Angeles, and that the transfer of said parcel shall be duly authorized by ordinance ofthe City Council, and said City Council is hereby requested to authorize the same accordingly.

Section 2. The execution ofa written instrument, approved as to fonn and legality by the City Attorney, authorizing a Transfer ofJurisdiction and Control to the Department ofGeneral Services ofthe City ofLos Angeles, in that behalf shall be executed, and the President, or the Vice President, or the General Manager, or such person as the General Manager shall designate in writing, and the Secretary, Assistant Secretary or the Acting Secretary ofthis Board are hereby authorized, empowered, and directed to execute and acknowledge in the name and as the act ofthe Department ofWater and Power ofthe City ofLos Angeles, said written instruments.

Section 3. The real property hereby transferred to the Department ofGeneral Services is described as:

LOTS 1,2 AND THE EASTERLY 52.52 FEET OF LOT 3, ALL IN BLOCK 70 OF TRACT NO. 1200 IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 19, PAGE 35 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY

RESERVING UNTO THE CITY OF LOS ANGELES FOR PUBLIC STREET AND UTILITY EASEMENT PURPOSES THOSE PORTIONS OF SAID LOTS 1,2 AND 3 BOUNDED AND DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID EASTERL Y 52.52 FEET OF SAID LOT 3 WITH THE NORTHERLY LINE OF THE SOUTHERLY 13.00 FEET OF SAID LOTS; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO A LINE PARALLEL WITH AND DISTANT 2.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE; THENCE EASTERLY ALONG SAID PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 20.00 FEET AND BEING TANGENT AT ITS POINT OF ENDING TO THE WESTERLY LINE OF THE EASTERLY 2.00 FEET OF SAID LOT 1; THENCE NORTHEASTERLY ALONG SAID CURVE TO SAID POINT OF ENDING IN LAST SAID WESTERLY LINE; THENCE SOUTHERLY ALONG LAST SAID WESTERLY LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 20.00 FEET AND BEING TANGENT AT ITS POINT OF ENDING TO SAID NORTHERLY LINE OF THE SOUTHERLY 13.00 FEET OF SAID LOTS; THENCE SOUTHWESTERLY ALONG LAST SAID CURVE TO LAST SAID POINT OF ENDING IN SAID NORTHERLY LINE; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING

SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, EXCEPTIONS, RESERVATIONS, EASEMENTS, RIGHTS AND RIGHT OF WAY OF RECORD

Containning: 51,839 square feet or 1.19 acres

SUBJECT TO the following conditions:

a. This property is being transferred "as is" without warranty or guarantee, either expressed or implied, as to zoning requirements, the ground location ofproperty lines, the existence ofeasements or encroachments, if any, or the condition ofthe property. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1 :36 P.M. Page 21

b. Liens for taxes and assessments then current and unpaid, ifany, and to all easements, rights ofway, encroachments, covenants, conditions, restrictions, reservations, and to all other matters ofrecord. c. Any rights ofway or encroachments which are apparent during a visual inspection of subject property. d. The purpose ofthe transfer ofjurisdiction is to permit the City ofLos Angeles to build a fire station on the property and ifthe City ofLos Angeles does not build a fire station on the property jurisdiction for the property would automatically revert back to the Los Angeles Department of Water and Power

Section 4. The City Council is requested to approve said instrument, as provided in Section 675(d) (2) ofthe City Charter.

(A Verbal Motion was moved by Commissioner Moss, seconded by Commissioner Parfrey, that the resolution be amended as follows: "Amend the resolution and transfer documents to provide the purpose ofthe sale is to permit the City ofLos Angeles to build a Fire Station on the property and ifthe City ofLos Angeles does not erect a Fire Station, that the property would revert back to the Los Angeles Department of Water and Power.")

Approval moved by Commissioner Moss.

Seconded by Commissioner Parfrey and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

ITEM NO. 28 - A written recommendation was received from the Personnel Relations Committee that the Board approve their report relative to Grievance Nos. 0-030-08 and 0-031-08 filed by Richard Irving.

Approval moved by Commissioner Parfrey.

Seconded by Commissioner Moss and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

The following items were presented by the Secretary and ordered filed.

ITEM NO. 30 - Monthly reports ofactivities for the following units:

• Power System (July 2012) • Water System (July 2012) • Financial Services Organization (July 2012) • Systems Support Division (July 2012) REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 22

ITEM NO. 31 - Reports were given by Management concerning matters relating to Department operations, as follows: a. Update on Status ofRenewable Portfolio Standard Compliance and Plans (Mike Webster, Power Engineering Manager) b. Filed RPS Project Update (July 2012) c. Filed - Legislative and Regulatory Update (June/July 2012)

THE BOARD shall recess to closed session for a conference with legal counsel regarding:

A. Existing litigation in the following matters:

1. Hartford Casualty Insurance Company v. Department ofWater and Power, City of Los Angeles, Los Angeles Superior Court Case No. YC064480, pursuant to subdivision (a) of Section 54956.9 ofthe California Government Code.

2. In re Great Basin Unified Air Pollution Control District Owens Lake Dust Control Revised Final 2011 Supplemental Control Requirements Determination, State ofCalifornia Air Resources Board, pursuant to subdivision (a) of Section 54956.9 ofthe California Government Code.

3. City ofLos Angeles Acting By And Through The Los Angeles Department of Water and Power v. Mammoth Community Water District, Board of Directors ofthe Mammoth Community Water District, And Does 1-20, Inclusive, Mono County Superior Court Case No. CVII0142, pursuant to subdivision (a) of Section 54956.9 ofthe California Government Code.

B. Anticipated litigation in the following matters:

1. Discussion regarding significant exposure to litigation (2 cases ),.,pursuant to Subdivision (b)(1) ofSection 54956.9 ofthe California Government Code.

2. Discussion regarding initiation oflitigation (2 cases), pursuant to Subdivision (c) of Section 54956.9 ofthe California Government Code.

MEETING RECESSED at 3:41 p.m.

MEETING RECONVENED at 3:49 p.m. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 23

Los Angeles, California, September 18,2012

MINUTES OF CLOSED SESSION OF THE BOARD OF WATER AND POWER COMMISSIONERS OF THE CITY OF LOS ANGELES HELD IN ROOM 1555 SEPTEMBER 18,2012 3:49P.M.

Meeting called to order by Vice President Eric Holoman and roll called:

Present - Commissioners: Vice President Holoman Richard Moss Jonathan Parfrey

Absent- Thomas S. Sayles Christina E. Noonan

A quorum present.

In attendance were the following:

Ronald O. Nichols, General Manager Gregory Adams, Deputy City Attorney Martin L. Adams, Director ofWater Operations Richard M. Brown, General Counsel, Water and Power David Edwards, Deputy City Attorney Philip Leiber, Chief Financial Officer Beth Jines, Director ofStrategic Initiatives Michelle Lyman, Deputy City Attorney James B. McDaniel, Senior Assistant General Manager Water System Cindy Montanez, Assistant General Manager - Intergovernmental Affairs Julie Riley, Deputy City Attorney Eskel H. Solomon, Assistant City Attorney William VanWagoner, Managing Water Utility Engineer

Also, in attendance:

Israel Rojas, Mayor's Office

A CLOSED SESSION was held for a conference with legal counsel regarding:

Existing litigation in the following matter:

ITEM NO. 32Al- Hartford Casualty Insurance Company v. Department ofWater and Power, City ofLos Angeles, Los Angeles Superior Court Case No. YC064480, pursuant to subdivision (a) of Section 54956.9 ofthe California Government Code.

Discussion held - action taken. Resolution adopted.

Commissioner Moss moved adoption ofthe following resolution, approved as to form and legality by the City Attorney:

Authorizes payment of$350,000 to Bauman Loewe Witt & Maxwell Trust Account, in full compromise and complete settlement ofcase entitled Hartford Casualty Insurance Company v. Department ofWater and Power, City ofLos Angeles, Los Angeles Superior Court Case No. YC064480. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 24

RESOLUTION NO. 013-069

BE IT RESOLVED by the Board ofWater and Power Commissioners ofthe City of Los Angeles that the Chief Accounting Employee be, and is hereby authorized and directed, upon proper certification, to authenticate and deliver to the City Attorney a demand on the Power Revenue Fund in the total sum of$350,000 payable to BAUMAN LOEWE WITT & MAXWELL TRUST ACCOUNT, in full compromise and complete settlement of HARTFORD CASUALTY INSURANCE COMPANY, individually and as subrogee for its insured, H.B. DROLLINGER, INC, a California Corporation vs. DEPARTMENT OF WATER AND POWER, CITY OF LOS ANGELES, a California municipality, Los Angeles Superior Court Case No. YC064480, which arose out ofan incident that occurred on March 26, 2008, at or near 8800 Sepulveda Boulevard, Los Angeles, CA. The City Attorney is hereby authorized to deliver said demand to Plaintiffs attorney upon the receipt ofa properly executed Request for Dismissal and Full Release ofAll Claims.

Seconded by Commissioner Parfrey and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

Existing litigation in the following matter:

ITEM NO. 32A2 - In re Great Basin Unified Air Pollution Control District Owens Lake Dust Control Revised Final 2011 Supplemental Control Requirements Determination, State of California Air Resources Board, pursuant to subdivision (a) ofSection 54956.9 ofthe California Government Code.

Discussion held - no action taken.

Existing litigation in the following matter:

ITEM NO. 32A3 - City ofLos Angeles Acting By And Through The Los Angeles Department ofWater and Power v. Mammoth Community Water District. Board ofDirectors ofthe Mammoth Community Water District, And Does 1-20, Inclusive, Mono County Superior Court Case No. CV110142, pursuant to subdivision (a) ofSection 54956.9 ofthe California Government Code.

This item was deferred.

Anticipated litigation in the following matter:

ITEM NO. 27Bl (1st case) - Discussion regarding significant exposure to litigation (2 cases), pursuant to Subdivision (b)(l) ofSection 54956.9 ofthe California Government Code.

Discussion held - no action taken.

Anticipated litigation in the following matter:

ITEM NO. 32Bl (1st case) - Discussion regarding significant exposure to litigation (2 cases), pursuant to Subdivision (b)(l) ofSection 54956.9 ofthe California Government Code.

This item was withdrawn. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 25

Anticipated litigation in the following matter:

ITEM NO. 32Bl (2nd case) - Discussion regarding significant exposure to litigation (2 cases), pursuant to Subdivision (b)(1) of Section 54956.9 of the California Government Code.

This item was withdrawn.

Anticipated litigation in the following matter:

ITEM NO. 32B2 (lst case) - Discussion regarding initiation oflitigation (2 cases), pursuant to Subdivision (c) of Section 54956.9 ofthe California Government Code.

This item was withdrawn.

Anticipated litigation in the following matter:

ITEM NO. 32B2 (2nd case) - Discussion regarding initiation of litigation (2 cases), pursuant to Subdivision (c) of Section 54956.9 ofthe California Government Code.

This item was withdrawn.

COMMISSIONER P ARFREY moved the meeting be adjourned.

Seconded by Commissioner Moss and carried by the following vote:

Ayes, Commissioners Moss, Parfrey, Vice President Holoman;

Noes, None.

MEETING ADJOURNED at 4:08 p.m.

An announcement was made in the Board Room regarding adoption of a resolution pertaining to the settlement ofLos Angeles Superior Court Case Number YC064480.

SIGNED:

~,J,XlUl.. \~~ SECRETARY ;v

ATTEST: /'!?~t! " #~T' VIC]; P'IffiSIDENT ~

REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M.

ATTACHMENT A

ITEM NO. 23 - Recommends certification ofthe Environmental Impact StatementlEnvironmental Impact Report for Barren Ridge Renewable Transmission Project (BRRTP); Adoption ofthe Mitigation Monitoring and Reporting Plan; Adoption ofthe Findings and Fact and Statement ofOverriding Considerations; and Approval ofthe BRRTP, Alternative 2, the proposed project after consideration ofthe EIR and Budget. Submitted by Director ofEnvironmental Affairs and Senior Assistant General Manager Power System.

RESOLUTION NO. 013-064

WHEREAS, the los Angeles Department of Water and Power (LADWP) has an obligation to provide adequate and reliable electricity service to customers in the City of los Angeles; and

WHEREAS, the LADWP recognizes the need to improve the reliability of its power supply through upgraded and increased capacity of transmission lines; and

WHEREAS, the Barren Ridge Renewable Transmission Project (BRRTP) would improve reliability of the power supply; and

WHEREAS, the project will enable LADWP to maximize the amount of wind, solar, and other renewable energy that can serve LADWP's 1.4 million electric customers; and

NOW, THEREFORE, BE IT RESOLVED that the Board of Water and Power Commissioners of the City otlos Angeles (Board) recognizes that a study was made of the environmental effects of the BRRTP, including its construction and operation. This study is embodied in the Environmental Impact StatementlEnvironmentallmpact Report (EIS/EIR) on file with the Secretary of this Board and is incorporated in this Resolution, and made a part hereof.

BE IT FURTHER RESOLVED that this Board makes the following findings anq determinations with respect to the Proposed Project:

The Proposed Project would be located in los Angeles and Kern Counties, and would consist of the following five project components:

• Expanding existing Barren Ridge Switching Station;

• Constructing a new switching station in Haskell Canyon;

• Constructing 61 miles of a new 230 kilovolt (kV) double-circuit transmission line from the LADWP Barren Ridge Switching Station to Haskell Canyon;

• Reconductoring 76 miles of the existing Barren Ridge - Rinaldi (BR-RIN) 230 kV transmission line with larger-capacity conductors between the Barren Ridge Switching Station and the Rinaldi Substation; and

• Adding 12 miles of a new 230 kV circuit on the existing double-circuit structures from Haskell Canyon to the Castaic Power Plant.

BE IT FURTHER RESOLVED that this Board makes the following further findings and determinations with respect to the Proposed Project:

1 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1:36 P.M. Page 2

LADWP is lead agency under the California Environmental Quality Act (CEQA) and has prepared an EIR in compliance with CEQA.

A Notice of Preparation (Nap) of an EIR was prepared and made available for public review from April 7, 2008, through May 7, 2008. Copies of the Nap of an EIR were sent to the California State Clearinghouse as well as to federal, State, regional, and local agencies, elected officials, organizations and Native American groups believed to have an interest in the Proposed Project. A copy of the Nap is included in Appendix A of the Draft EIR, which is on file with the Secretary of the Board as Attachment 4 to the Board Letter.

During the scoping period, seven public meetings were held in communities potentially affected by the Project. These took place on April 22, 23, 24, 28,29, 30, and May 1, 2008, in the communities of Santa Clarita, Agua Dulce, Castaic, Lake Hughes, Lebec, Palmdale, and California City, respectively. Notice of these meetings was advertised in eight local newspapers as listed below:

Press ndent The News Review Moiave Desert News Agua DUlce/Acton County Journal April 12 and 19

In addition to the distribution of the Nap, approximately 7,200 newsletters were sent to agency representatives, elected officials, Native American Tribes, interested parties and organizations, and property owners within 500 feet of the Proposed Project and preliminary alternatives in Los Angeles and Kern Counties. The newsletters contained the project description, purpose and need for the project, map,'described the environmental review process, announced public scoping meetings, contact information, and Spanish translation of the information.

A total of 122 people signed in at the seven scoping meetings. A total of 231 comments were received during scoping meetings, and via phone, email, and mail. Some comments were received in a number of modes and those comments were counted as one comment. A scoping report was prepared summarizing the public meetings (see the CD in Attachment 4 to this Board Letter). The scoping process is described in Chapter 7, Coordination and ConSUltation of the Final EIS/EIR. Comments received during the scoping period were considered in the preparation of the Draft EIR.

2 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 3

Five informational public meetings took place on February 17, 18,24,25,26, 2009, in Lake Hughes, Mojave, Agua Dulce, Saugus, and Leona Valley, respectively, 2009 to update the public on scoping results, study results, and the evaluation of alternative transmission line routes. Postcard notification for the meetings wer:e sent to approximately 7,200 addresses including agency representatives, elected officials, Native American Tribes, interested parties and organizations, and property owners within 500 feet of both sides of the Proposed Project and preliminary alternatives in Los Angeles and Kern Counties. A total of 117 people signed in at the five meetings. A total of 116 comments were received in either written or oral format during these five meetings. A summary of the comments received is included in Chapter 7, Coordination and Consultation, of the Final EIR/EIR.

A Draft EIS/EIR and Notice of Availability (NOA) of a Draft EIS/EIR for the Project were prepared and made available for a 60-day public review period from August 26, 2011, to October 25, 2011. The NOA was published in thirteen local newspapers as indicated below:

Los Angeles Times Los Angeles communities 8/12/11, 9/5/11 Antelop~ yalley Press Arlt~l()pe Valley 8/12/11, 9/5/11 The SigFIal Santa Clarita 81t2/ft, 915111 Agua Dulce/Acton Country Agua Dulce/Acton 8/13/11, 9/3/11 Journal Mojave Desert News California City 8/25/11, 9/8/11 Ridgecrest Daily Mojave to Olancha 8/18/11, 9/8/11 Independent News Review Ridgecrest, China Lake, and 8/17/11,917/11 Inyokern La Opinion Los Angeles communities 8/15/11, 9/5/11 Mountain Yodeler Elizabeth Lake, Green Valley, 9/1/11 and Leona Valley Cherry Chapters: The Leona Valley 9/9/11 Leona Valley Newsletter Acton/Agua Dulce News Acton/Agua Dulce Area 8/22/11, 9/5/11 Rosamond News Rosamond/Kern County Area 8/22/11, 9/5/11 Lake Los Angeles News Lake Los Angeles Area 8/22111, 9/5/11

Copies of the Draft EIR and/or NOA were sent to the California State Clearinghouse as well a mailing including 8,057 entries which included agencies, elected officials, Native American Tribes, property owners within 500 feet of the Proposed Action and Alternative routes, and interested individuals and organizations, including those who commented in the NOP. Everyone on the mailing list was sent a copy of the NOA notifying them of the availability of the Draft EIS/EIR, and dates, times, and locations of the public meetings. The NOA

3 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1:36 P.M. Page 4

was also emailed to the 630 addresses on the BRRTP email mailing list comprising individuals who requested to be added to this list. The Project website was updated with an electronic copy of the document and appendices and hard copies of the Draft EISJEIR were made available at nine public repository sites as listed below:

Los Angeles Department 111 North Hope Street, Room 1044 of Water and Power Los Angeles, CA 90012 Angeles National Forest, 701 North Santa Anita Avenue Supervisor's Office Arcadia, CA 91006 BLM, Ridgecrest Field 300 South Richmond Road Office Ridgecrest, CA 93555 Mojave Public Library 16916 State Highway 14 # D2 ______~M~0~1a~ve,CA93501 42018 North 50th Street W. Quartz Library Quartz Hill, CA 93536 700 East Palmdale Boulevard Palmdale City Library Palmdale, CA 93550 " 23743 West Valencia Boulevard Valencia Library Santa Clarita, CA 91355 33792 Crown Valle.y Road Acton-Agua Dulce Library Acton, CA 93510 1001 West Tehachapi Boulevard. Suite A~400 Tehachapi Branch Tehachapi, CA 93561

Copies of the notice, mailing list for the Draft EIR and Proof of Publication of the notices are on file with the Secretary of the Board as Attachment 4 to the Board Letter.

A total of 122 substantive comments from letters, comment forms, emails, or messages on the project hotline were received from agencies, tribes, organizations and individuals on the Draft EIS/EIR. In addition, five public meetings were held at various locations within the project area including the Hughes-Elizabeth Lakes Union School, the Mojave Veteran's Building, the Agua Dulce Elementary School, the Santa Clarita Activity Center, and the Leona Valley Elementary School on September 20,21,27,28, and 29,2011, respectively, to receive comments on the Draft EIR. A total of 74 people signed in at the five meetings. A total of 34 sets of comments were received at the public meetings through GIS stations, informal oral comments during the question and answer session, and comment forms.

The Final EIS/EIR, comprised of the Draft EIS/EIR with edits, comments received on the Draft ElR, responses to those comments, summary of changes between the Draft and Final EIS/EIR, and the Mitigation Monitoring and Reporting Program was prepared and made available for public review on August 10, 2012.

4 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 5

Hard copies of the Final EI R were delivered to the libraries and sent to each agency that submitted comments. The Final EIR, on file with the Secretary of the Board, has been included as Attachment 3 to the Board Letter.

The Final EIR, now before this Board, describes the potentially significant impacts that may result from the approval of this project (Alternative 2, the Environmentally Superior Alternative) as described below:

Agriculture - Cumulatively significant impacts to agricultural operations 0 ..1"\;"""+ construction and ooeration Air Quality and Climate Change ­ Maximum daily construction emissions would exceed reaional sianificance thresholds in 2013 and 2014 Air Quality and Climate Change - Emissions of NOx would be above the de minimis threshold in 2013 and/or 2014 Air Quality and Climate Change ­ Cumulative impacts to PM10 emissions because emissions would contribute to reaional sianificance thresholds be Biological Resources ­ Cumulative impacts to slender mariposa lily, desert tortoise, and California anatcatcher.

trit"'tcn access or disruption of

Scenic Integrity Objec

Visual Resources ­ Impacts on residences, travelers, and recreationists as a resul of contrasts created bv the Visual Resources ­ Cumulative impact as a result of an increase in the number of structures and structure prominence Water Resources ­

The Final EIR, now before this Board, proposes the following mitigation measures to address the potentially significant impacts of the project by resource area.

The construction contractor shall develop a Fugitive Dust Emission Control Plan for construction work. Measures to be AIR-2a incorporated into the plan include, but are not limited to, the followina where

5 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 6

• Water the disturbed areas of the active construction sites in sufficient quantities to prevent the generation of visible dust plumes. Watering may not be required in wet weather. Soil binders may be used in lieu of watering where soil binders are appropriate and prevent the generation of visible dust plumes. • Enclose, cover, or apply water a minimum of twice daily to exposed piles with a five percent or greater silt content. • ARB-certified and agency-approved (on federal lands) non­ toxic soil binders shall be applied per manufacturer recommendations to active unpaved roadways, unpaved staging areas, and unpaved parking area(s) throughout construction (as allowed by responsible agencies such as the USFS and BLM) to reduce fugitive dust emissions. Other watering products, selected from lists available from the Environmental Protection Agency's (EPA's) Environmental Technology-Verification program or the SCAQMD, may be applied per manufacturer recommendations in place of the ARB"-certiffed soil binders if such products can be reasonably demonstrated to be as effective as the ARB-certified non-toxic soil binders and be approved by the affected federal-agency. • Water all roads used for any vehicular traffic at least once per every two hours of active operations (3 times per normal 8-hour work day); or water all roads used for any vehicular traffic once daily and restrict vehicle speeds to 15 miles per hour. Apply a chemical stabilizer to all unpaved road surfaces in sufficient quantity and frequency to maintain a stabilized surface, to reduce fugitive dust emissions. All vehicle tires shall be inspected, are to be free of dirt, and washed as necessary before entering paved roadways. In lieu of washing vehicle tires, the construction contractor may sweep roads on a regular basis or employ similar methods to reduce dust track-out. • Install wheel washers or wash the wheels of trucks and other heavy equipment where vehicles exit unpaved areas. • Cover all trucks hauling soil and other loose material, or require at least two feet of freeboard. • Establish a vegetative ground cover (in compliance with biological resources impact mitigation measures) as appropriate or otherwise create stabilized surfaces on all unpaved areas at each of the construction sites after active construction operations have ceased. • Increase the frequency of watering unpaved surfaces under active construction to more than three times dailv. or

6 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 7

implement other additional fugitive dust mitigation measures, to all active disturbed fugitive dust emission sources as required by SCAQMD Rule 403 before wind events. • Travel routes to each construction site shall be developed to minimize unpaved road travel. • Stabilize open storage piles and disturbed areas by covering and/or applying water or chemical/organic dust palliative where appropriate at active and inactive sites during workdays, weekends, holidays, and windy conditions. • Install wind fencing and phase grading operations where appropriate, and operate water trucks for stabilization of surfaces under windy conditions. • Prevent spillage when hauling loose material by limiting speeds to 15 miles per hour. Limit speed of earth-moving eauioment to 10 miles per hour. Properly Maintain Mechanical Equipment. The construction contractor shall ensure that all mechanical equipment associated with Project constr.uction is properly tuned and maintained in accordance with the manufacturer's specifications to the extent AIR-2b feasible, and is maintained to perform at CARB and/or EPA certificatiolJJevels. The construction contractor shall prevent tampering with equipment. This measure will be verified by LADWP throuah unscheduled inspections. Use Ultra Low-sulfur Diesel Fuel. ARB-certified ultra low-sulfur diesel (ULSD) fuel containing 15 ppm sulfur or less shall be used AIR-2c in all diesel-powered construction equipment to the extent feasible. Restrict Diesel Engine Idling to Five Minutes. In accordance with LADWP's Environmental Affairs Bulletin 2007-05 dated March 12,2007, and in accordance with the requirements of the ARB's idling regulations, vehicles with a gross vehicle weight . rating (GVWR) of greater than 10,000 pounds "shall not idle the vehicle's primary diesel engine for greater than five minutes at any location." This measure will be verified by LADWP through unscheduled inspections. The five-minute idling limit does not apply for the period during which: AIR-2d • Idling must occur due to traffic conditions. • Idling when the vehicle is queuing that at all times is more than 100 feet from any real property zoned for inqividual or multifamily housing units that has one or more such units on

• Idling when forced to remain motionless due to immediate adverse weather conditions. • Idling to verify that the vehicle is in safe operating condition. • Idlina is reauired for mand

7 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1:36 P.M. Page 8

or diagnostic purposes. • Idling when positioning or providing a power source for equipment or operations other than transporting passengers or propulsion. • Idling while operating defrosters, heaters, air conditioners, or other equipment solely to prevent a safety or health

Air Schedule Deliveries Outside of Peak Traffic Hours. All material ,deliveries to the marshalling yards and from the marshalling yards to the construction sites shall be scheduled AIR-2e I outside of peak traffic hours (6:00 to 9:30 a.m. and 3:30 to 6:30 p.m.) to the extent feasible, and other truck trips during peak traffic hours shall be minimized to the extent feasible. Construction schedulina will be olanned to minimize vehicle Off-road Diesel-fueled Equipment Standards. During Project construction, all internal combustion engines/construction equipment operating on the Project site shall-meet EPA,Certified Tier 2 emissions standards, or higher according to the following: • January 1,2012 to December 31,2014: All offroad diesel­ powered construction equipment greater than 50 hp shall meet the Tier 3 offroad emissions standards. In addition, all construction equipment shall be outfitted with BACT -devices certified by ARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by ARB regulations. • Postto January 1,2015: All offroad diesel-powered construction equipment greater than 50 hp shall meet the AIR-2f Tier 4 emission standards, where available. In addition, all construction equipment shall be outfitted with BACT devices certified by ARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by ARB regulations. • A copy of each unit's certified tier specification, BACT documentation, and ARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. • Encourage construction contractors to apply for AQMD "SOON" funds. Incentives will be provided for those construction contractors who apply for AQMD "SOON" funds. ------_.1 __ The "SOON" program provides funds to accelerate clean up of offroad diesel vehicles. such as heavv dutv construction

8 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 9

equipment. • Alternative fuels such as natural gas and electricity shall be used where available and feasible. This measure will be implemented through development of administrative controls, including: • Prepare an inventory of all equipment prior to construction and identify the suitability of add-on emission controls for each piece of equipment before groundbreaking; • Develop a construction traffic and parking management plan that maintains traffic flow and plan construction to minimize vehicle trips; and· • Identify sensitive receptors in the project area, such as children, elderly, and infirmed, and specify the means by which the construction contractor will minimize impacts to these populations (e.g., locate construction equipment and staging zones away from sensitive receptors and building air intakes). • Provide advanced notification to sensitive Jeceptor-s~of the potential effects of PM10 and PM2.5, as well as toxic air contaminants. prior to construction. On-road Vehicles Standards. AILon-road construction vehicles shall meet all applicable California on-road emission standards AIR-2g and shall be licensed in the State of California. This does not to construction worker personal vehicles. Off-road Gasoline-fueled Equipment Standards. All off-road stationary and portable gasoline powered equipment shall have AIR-2h EPA Phase 1/Phase 2 compliant engines, where the specific engine requirement shall be based an the new engine standard in effect two years before initiatina Proiect construction. General Conformity Offset Mitigation. If the trnal emission estimate for the selected Project Alternative as provided in the Project's Conformity Analysis exceeds the NOx and/or VOC emission applicability thresholds, and assuming the SCAQMD does not provide confirmation that the Project's emissions are accounted for in the State Implementation Plan (SIP) emission AIR~4a estimates per 40 CFR 93.158(a)(1), then the Project will obtain emission reduction credits to fully offset the NOx and/or VOC emissions per 40 CFR 93.158(a)(2) for the years that the Project has been estimated to exceed the NOx and/or VOC emission applicability thresholds. Credits shall be submitted to the BLM . and USFS for review and approval. ~BiologI6ar~R""'e;;;;;s=o""'u=rc,,",,·ce""'s=·f.'i;=.~=~J ~~\""~~-"':M~~~~'It. If'..;.,.I(,lr.~~·~:,-~~.r.:~'1X''::-t ~~,.;,:;~~r:i~' Provide restoration/compensation for impacted sensitive 810-1 vegetation communities.

9 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 10

1a The intent of this mitigation measure is to require LADWP to restore disturbed sites to pre-construction conditions or the desired future conditions per the Angeles National Forest (ANF) Land Management Plan (LMP). Before construction LAOWP shall have a qualified biologist, where concurrence on the biologist has been provided by the USFS and approval on the biologist has been provided by the BLM, document the community type and acreage of vegetation that would be subject to Project disturbance. Impacts to all oaks and native trees will be documented by identifying the species, number, location, and diameter at breast height (OBH). On non-federal lands, all protection and replacement measures shall be consistent with applicable local jurisdiction requirements, such as the Los Angeles County Oak Tree Ordinance. 1) For NFS and BLM lands, the USFS and BLM shall review and approve a Habitat Restoration and Revegetation Plan, prepared-by LAO\DJP in coordination_with the federal agencies, for the Project, which shall include plans for restoration, enhancement/re-vegetation and/or m-itigation banking. For non-federal lands, LAOWP shall prepare the Habitat Restoration and Revegetation Plan. Both plans shall include at minimum: {a)=trre location of the mitigation site (off-site mitigation may be required); (b) locations and details for topsoil storage; (c) the plant species to be . used; (d) seed and cutting collecting guidelines; (d) a schematic depicting the mitigation area; (e) time of year that the planting will occur and the methodology of the planting; (f) a description of the irrigation methodology for container, bare-root or other planting needing irrigation; (g) measures to control exotic vegetation on site; (h) success criteria; (i) a detailed monitoring program;( j) locations and impacts to all oaks and native trees (over 3 inches OBH); (k) locations of temporary or permanent gates, barricades, law enforcement patrolling, or other means to control unauthorized vehicle access on access and spur roads as deemed necessary by the USFS and BLM (NFS and BLM lands only). Restoration efforts will not adversely affect listed species or critical habitat and measures will be implemented to protect these species during restoration. 2) LAOWP shall utilize a USFS/BLM approved locally collected seed mix, locally collected cuttings, bare-root stock, etc. to revegetate areas disturbed by construction activities. All areas dominated by non-native species before Proiect disturbance shall be r~'/~m"t!:lt~rI

10 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1 :36 P.M. Page 11

appropriate native species. The seed mix shall consist of native, locally occurring species collected from local seed sources. Cuttings and bare-root stock shall be of local origin. Restoration shall include the revegetation of stripped or exposed work sites and/or areas to be mitigated with vegetation native to the area. No commercially purchased seeds, stock, etc. will be accepted without the approval of the USFS and BLM on NFS/BLM lands, and seeds must be certified to be free of noxious weeds. Revegetation shall include ground cover, grass, shrub, and tree species to match disturbed areas to surrounding conditions and t6 restore or improve wildlife habitat quality to pre-Project or higher levels. The Habitat Restoration and Revegetation Plan shall also include a monitoring element. Post seeding and planting monitoring reporting will be yearly from years one to five and every other year from years six to ten or-until the success criteria are met. LADWP shall restore temporarily disturbed areas, including existing tower locations that are to be removed by the Project, to pr:e-construction conditions or the desired future conditions per the ANF LMP. If the survival and cover-requirements have not been met, LADWP is responsible for replacement planting to achieve these requirements. Replacement plants shall be monitored with the same survival and growth requirements as previously mentioned. 3) On NFS land, the USFS/LADWP will conduct a preconstruction evaluation of the probable impacts to all oaks and native trees (over 3 inches DBH) in all construction-related disturbance areas. This evaluation shall be incorporated into the Habitat Restoration Plan and shall include the species and number of individuals, their DBH, location, and potential impact type. Construction within the driplines of all native trees and oak trees/shrubs, and incidental trimming or damage to trees along the proposed access/spur routes, shall not occur until the trees are evaluated by a USFS botanist or authorized arborist. This person shall identify appropriate measures to minimize tree loss, such as the placement of fence around the dripline, padding vehicles, minimizing soil removal or adding spoil around driplines, and the placement of matting under the existing dripline during construction activities. On the ANF, if a tree must have any construction-related activities such as equipment or soil staaina within the drip zone. root orunina. or

11 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 12

excessive branch pruning (greater than 25% in one year), then the tree must be monitored for five years for tree mortality. If any of these identified trees dies during the monitoring period, then the tree must be replaced at the rate appropriate to the DBH. 4) The replacement ratios (using rooted plants in liners or direct planting of acorns [for oaks]) for native trees or any oaks that are to be removed on the ANF shall be as follows: trees from 3 to 5 inches DBH shall be replaced at 3:1; trees from 5 to 12 inches shall be replaced at 5:1; trees from 12 to 24 inches shall be replaced at 10:1; trees from 24 to 36 inches shall be replaced at 15:1; and all oaks greater than 36 inches shall be replanted at a ratio of 20:1. The replacement ratio for damaged trees shall be 2:1 for trees with DBH less than 12 inches and a 5:1 ratio for trees with DBH greater than 12 inches. The DBHs for scrub -oaks will be-measured following California Department of Fish and Game (CDFG) guidelines. On the --AJ\lF,--any oak or native tree that-must be removed or killed as a result of construction or other Project-related activities shall be replaced in kind or mitigated (off-site) at a comparable value. CompaaFlce shall be evaluated annually for years one to five and bi-annually for years six to ten (years after tree planting). Trees shall be planted at locations acceptable to the landowner or managing agency. All planting locations. procedures, and results shall be evaluated by an authorized arborist and USFS botanist. On non-federal lands, all protection and replacement measures shall be consistent with applicable local jurisdiction requirements, such as the Los Angeles County Oak Tree Ordinance. 5) Permanent impacts on federal lands shall be determined by the appropriate federal manager (USFS and BLM) at the ratios stated below (Table BIO-MM-1) or at a comparable value. On NFS and BLM lands, impacts will be considered permanent if the trees are not likely to recover by ten years post-disturbance. Where on-site restoration is planned for mitigation of temporary impacts to vegetation communities, LADWP shall identify a Habitat Restoration Specialist, where concurrence has been provided by the USFS, to implement the method of restoration outlined by the USFS/BLM in the Habitat Restoration Plan. 6) On USFS/BLM lands, the creation or restoration of habitat - shall oemonitoYea aftertnitiaation site construction to

12 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 13

assess progress and identify potential problems with the restoration site. This will be monitored on USFS/BLM lands until the success criteria outlined in the restoration plan are met annually for years one to five, and bi­ annually for years six to ten. Remediation activities (e.g., additional planting, removal of non-native invasive species, or erosion control) shall be taken until the success criteria are met as specified above, to ensure the success of the restoration effort. If the mitigation fails to meet the established success criteria after the ten-year maintenance and monitoring period, monitoring and remedial activities shall extend beyond the ten-year period until the criteria are met or unless otherwise specified by the USFS/BLM (as appropriate). If a fire occurs in a revegetation area before the success criteria are met, LADWP shall be responsible for a one-time replacement of vegetation. If a second fire occurs, no replanting is required, unless the fire is caused by LADWP activity. Off-site mitigation for NFS/BLM and non-NFS/BLM lands may be required if mitigation rates exceed what can be achieved on NFS/BlM land. This may be in the form of funding for land acquisitiorr-for inclusion into the Angeles National Forest or BlM lands affected by the Project, mitigation banking, removing existing structures, or comparable restoration efforts. 1 b During and after construction, USFS/BlM-identified potential or existing entrances to Project-related disturbed areas such as access/spur roads, pull sites, staging areas, fly yards, landing zones, etc. on NFS/BlM lands shall be gated, blockaded and/or concealed in some manner and maintained to prevent the unauthorized use by the general public. Signs prohibiting unauthorized use of these disturbance areas shall be posted on these barricades if deemed necessary by the USFS/BlM. If barricades are being compromised, law enforcement patrolling may also be implemented to control unauthorized access onto Project disturbance areas. 1c Treat cut tree stumps with Sporax. All stumps of trees (conifers and hardwoods) resulting from activities associated with construction of the Project shall be treated with Sporax according to product directions to prevent the spread of annosus root disease. Only licensed applicators shall apply Sporax. Sporax shall not be used during rain events unless otherwise approved bv the USFS. --.- The-followingprescn"ptions would prevent the spread ofinvasive 810-2 weeds into Dreviouslv uninfested areas in the

13 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 14

construction right-at-way. 2a. Prepare and Implement a Weed Control Plan. LADWP/ANF/BLM shall prepare and implement a comprehensive, adaptive Weed Control Plan on NFS/BLM lands for pre-construction and construction invasive weed abatement. The Weed Control Plan, including monitoring and eradication, will be part of the 50 year Operations and Maintenance Permit. On ROW easement lands administered by the USFS/BLM, the Weed Control Plan shall incorporate all appropriate and legal agency-stipulated regulations including consulting with CDFG on CESA species. The Weed Control Plan shall be submitted to the USFS/BLM for final authorization of weed control methods, practices, and timing before implementation of the Weed Control Plan on public lands. Weed control on BLM lands using pesticides would require site-specific NEPA analysis and an approved BLM FTestiCide Use Permit. Pesticide Use Permits are issued for a maximum of three years. ROW easements on private lands shall include provisions such as wheel and equipment washing as part of implementation of the Weed Control Plan. The Weed Control Plan shall include the following stipulations: 1) A pre-construction weed inventory shall be conducted on NFS and BLM lands by surveying all areas subject to ground-disturbing activity, including, but not limited to, tower pad preparation and construction areas, tower removal sites, pulling and tensioning sites, assembly yards, and areas subject to grading for .new or improved access and spur roads. Weed populations that: (1) are rated High or Moderate for negative ecological impact in the California Invasive Plant Inventory Database (Cal-I PC 2006); (2) aid and promote the spread of wildfires (such as cheatgrass, Saharan mustard, and medusa head); and (3) are considered by the USFS and/or BLM as species of priority (for NFS/BLM lands only) shall be mapped and described according to density and area covered. In areas subject to ground disturbance, weed infestations shall be treated before construction according to control methods and practices for invasive weed populations designed in consultation with the USFS/BLM. The Weed Control Plan shall be updated and guide post-construction eradication and monitoring efforts. 2) Weed control treatments shall include all legally permitted herbicide application, manual, and mechanical methods aoolied with the authorization of the USFS/BLM. The

14 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 15

application of herbicides shall be in compliance with all State and federal laws and regulations under the prescription of a Pest Control Advisor (PCA), where concurrence has been provided by the USFS/BLM, and implemented by a Licensed Qualified Applicator. The most effective herbicides with the least toxic surfactant available shall be used. Herbicides shall not be applied during or within 24 hours of a 70% chance of occurring rain event. Herbicides shall not be used within Riparian Conservation Areas (RCAs) on the ANF without approval of the USFS. In riparian areas, only water-safe herbicides, surfactants and adjuvants shall be used. Herbicides shall not be applied by spray equipment when wind velocities exceed 6 mph. Herbicides applied by sponge or paintbrush to cut stumps shall not be applied at wind speeds over 15 mph. In areas containing special-status plants or animals, there will be 8'"5-- to 7o-foot buffer-where herbicides are not used. The size ofthe_buffer will be determined and flagged for avoidance by an approved botanist/biologist, based on phenology or life cycle at time of treatment, rareness and imperilment of adjacent native species, t-Ierbicide being used, method of herbicide application, concentration of herbicide being used based on no observed effect to non-target species, and/or environmental conditions and terrain. Where manual and/or mechanical methods are used, disposal of the plant debris will follow the regulations set by the USFS/BLM. The timing of the weed control treatment shall be determined for each plant species in consultation with the USFS/BLM (on NFS/BLM lands) with the goal of controlling populations before they start producing seeds. Pre-emergent herbicides will only be used in areas that have a very low potential for supporting native plant species after disturbance, as determined by an authorized botanist. For the preconstruction and construction of the Project, measures to control the introduction and spread of noxious weeds in the Project work area shall be taken as follows: 3) On the ANF and BLM lands, surveying for new invasive weed populations and the monitoring of identified and treated populations shall be required at all sites impacted by construction (tower pads, staging areas, landing zones, etc.), including access/spur roads disturbed during the Project. Surveying and monitoring for weed infestations shall occur annuallv for vears oneto five and bi-annual

15 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 16

for years six to ten, or until success criteria as outlined in the Weed Control Plan are met. Treatment of all identified weed populations shall occur at an appropriate interval so as to meet the success criteria. When no new seedlings or resprouts are observed at treated sites for three consecutive, normal rainfall years, the weed population can be considered eradicated and weed control efforts may cease for that site. 4) During Project preconstruction and construction, all seeds and straw materials shall be weed-free when available, and all gravel and fill material shall be certified weed-free by the county Agriculture Commissioners' Offices. Any deviation from this must be approved by a USFS/BLM botanist. All plant materials used during restoration shall be native, certified weed-free, and approved by the USFS/BLM. 5) Before beginning preconstruction activities, the USFS and the BLM, in coordination with LADWP, will determine suitable locations to install field washing stations as part of the Weed Control Plan. Before commencing construction activities, LADWP shall document that all vehicles, equipment, arid tools- tlsed on the Project have been cleaned at existing construction yard wash facilities or legally operating car washes. This is a one-time requirement designed to address the potential of new species of weeds being transported from outside the area. If, however, vehicles, eqUipment, or tools are used or driven off paved roads on non-NFS/BLM lands, washing must occur before entering USFS/BLM lands.

During Project preconstruction and construction, all vehicles, equipment, or tools which will be used outside' of permitted Project roadways shall be washed at the nearest wash station before operating off-road. In other areas also designated by the USFS/BLM, vehicles, equipment, and tools will be washed at the nearest wash station after exiting those areas. Vehicles that do not leave permitted Project roadways are not required to be washed after the initial washing described above. All washing shall take place where rinse water is collected and disposed of in either a sanitary sewer or landfill, unless otherwise approved by the USFS/BLM. For NFS lands, plant material may also be removed by air compressors at USFS botanistlLADWP-approved locations.

16 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 11

Written daily logs shall be kept for all vehicle/equipment/tool washing that records the date, time, location, type of equipment washed, methods used, and staff present. The log shall include the signature of a responsible staff member. Logs shall be available to the USFS and BLM for inspection at any time and shall be submitted to the USFS and BLM permit administrators on a monthly basis. 6) During Project operation and maintenance activities, weeds shall be removed in assembly yards, helicopter landing areas, tower pads, spur roads, staging areas, and any other disturbance areas in a USFS/BLM-approved method. 2b Remove weed seed sources from construction access routes. Before construction, LADWP shall initiate invasive species eradication along construction access routes to -minimize the potential of weeds spreading aggressively during-construction. Post~constructiQn, these treatment areas will be included and treated according to the restoration plan. Per the Forest Service Manual (FSM) 2080 Best Management Practice (BMP) guideline, LADWP shall also -remove or reduce sources of weed seed along the travel routes associated with Project construction. Weed species . identified along the Alternatives and associated access roads include tocalote, artichoke thistle, tree tobacco, saltcedar, slender wild oat/wild oat, ripgut brome, soft chess brome, red brome, cheatgrass, blessed thistle, filaree, shortpod mustard, prickly lettuce, common horehound, yellow sweetclover, rabbit foot grass, Mediterranean grass, sowthistle, rat-tail fescue, tree-of-heaven, giant reed grass, yellow starthistle, bull thistle, "fennel, perennial pepperweed, and black locust. To prevent the introduction or control the spread of invasive weeds, herbicide, hand removal or other control methods will be implemented to reduce seed production during Project construction. Following Project approval and during the time

of year when weed species can be observed and identified I LADWP shall identify, using an authorized plant ecologist, any other weed seed sources that could contribute to Project- . related weed spread on the ANF and BLM lands. Target infestations identified by Project surveys should be controlled before construction. LADWP shall initiate eradication of the target infestations discovered during pre-construction surveys along construction routes. 2c Remove weed seed sources fro~ assembly yards, ArAA~:L tower Dads. Dull sites. landina zones. and

17 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1:36 P.M. Page 18

spur roads. Before construction and during each year of construction at all assembly yards, staging areas, tower pads, pull sites, landing zones, and spur roads within the ANF and BLM lands. weed-infested areas shall be hand-weeded and/or treated as appropriate for the individual weed species under the guidance of an authorized plant ecologist or restoration ecologist, where concurrence on the ecologist has been provided by the USFS/BLM. Unless otherwise authorized by the USFS/BLM, weed control efforts in these areas shall be timed annually to reduce shortpod mustard, tocalote, bromes and other invasive weed seed production, by herbicide application or other control techniques prior to flowering. All plant debris shall be disposed of at a USFS/BLM approved location. Weed control efforts shall commence in early spring (February - March), as indicated annually by an authorized plant ecologist or restoration ecologist in coordination with LADWP and USFSIBLM botanist or weed specialist. 2d Use-of Herbicides to Control-Exotic Weeds. LAQWP may use herbicides where deemed necessary for the control of invasive weeds within the Project area. Weed control shall be species-specific, and herbicides shall be applied onlyjf necessary after considering alternate methods or as part of a proven eradication strategy for the particular weed species. To minimize potential impacts, weed control treatments shall include all legally permitted herbicide, manual, and mechanical methods applied with the authorization of the USFS/BLM. Due to typically large seed banks and the ability of some weed species to vigorously resprout following removal methods, most species require more than one round of treatment, or require a different follow-up treatment method after the initial removal occurs. Any herbicide use on NFS lands would be subject to the review and approval of the appropriate USFS personnel and in coordination with LADWP. On BLM lands, herbicide use will be guided by an approved, site-specific Pesticide Use Proposal. Incorporate riparian area avoidance and permit measures. The following actions and all permit conditions detailed within the U.S. Army Corps of Engineers individual or Nationwide 12 permit, CDFG 1602 Streambed Alteration Agreement, and 810-3 RWQCB 401 water quality certification (subject to separate approval) would be implemented by the construction manager and environmental compliance monitor(s).

3a Veaetation removal or road construction shall not occur in

18 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 19

RCAs during the breeding season for nesting birds (February 1 to August 15) unless otherwise approved by the USFS. LADWP shall prepare and implement a USFS RCA Treatment Plan for the Project. This Plan shall include the specific activities that will occur at each of the RCA points crossed by the Project, including the amount and type of vegetation to be cleared, the type of road crossing or improvement allowed for wet and dry crossings, and the methods that would be employed to reduce the effects of the Project on water quality. The Plan shall include seasonal restrictions for vehicle or equipment passage, restriQtions on what activities may occur (such as grading, vegetation removal or tree trimming), monitoring requirements, and restoration requirements. This Plan shall be submitted to the USFS for approval before construction or the grading of any access road. 3b Before construction, an authorized biologist shall stake and flag or fence exclusion zones around all identified riparian areas. Such exclusion zones will include an appropriate buffer to preclude sediment intrusion into the riparian areas. Earth-moving activities shall be restricted from these zones, although essential verncle operation and foot travel will be permitted on existing roads, bridges, and crossings. All other construction activities, vehicle operation, material and equipment storage, and other surface-disturbing activities will be prohibited within the exclusion zone. 3c In areas where riparian habitats are unavoidable, the construction manager, in consultation with the lead environmental compliance inspector and USFS, shall narrow the width of the road through the area to the minimum extent required for safe travel. New spur roads and existing access road improvements shall be constructed and implemented using methodology that preserves existing hydrology. 3d Towers shall not be constructed in riparian areas. 3e All temporarily disturbed riparian areas that would not be utilized for future routine operation and maintenance activities shall be restored according to the guidelines of the Habitat Restoration Plan to the extent required to ensure no net loss of habitat functions and values. Following construction activities, the areas will be restored as soon as practicable. 3f Permanent, unavoidable losses of riparian areas will be mitigated by restoration and/or preservation of off-site habitats, as outlined in the Habitat Restoration Plan. The final mitigation and off-site restoration locations will be determined in consultation with LADWP and the relevant

19 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 20

agency(s). Mitigation acreage ratios will be consistent with those listed in Table BIO-MM-1. Provide restoration/compensation for affected jurisdictional areas. 4a Impacts to areas under jurisdiction of the USACE, RWQCB, USFS and CDFGshall be avoided to the extent feasible. Where avoidance of jurisdictional areas is not feasible, including emergency repairs, and access/spur roads within RCAs, the applicant shall provide the necessary mitigation 810-4 required as part of wetland permitting. This will include creation, restoration, and/or preservation of suitable jurisdictional habitat along with adequate buffers to protect the function and values of jurisdictional area mitigation. The location(s) of the mitigation will be determined in conSUltation with LADWP and the responsible agency(s) as part of the wetland permitting process. 4b-Measures 3a, b, c, and-d will also be-incorporated-to avoid and protect jurisdictional areas .. Construction activities and vehicle operation would be conducted to minimize potential disturbance to wildlife. Sa. Conduct preconstr:uction sl:I-fVeys in locations where potential habitat exists for special-status species to avoid impacts during construction: If wildlife sign or habitat is detected during the surveys, construction activities will be monitored by authorized biologists, or exclusion fencing will be placed around work areas. If federally listed species are found within the area of potential effect, the authorized biologist shall notify the construction manager and" the USFWS. The construction manager, in consultation with the USFWS and the authorized biologist, will have the authority to halt all B10-5 activities until appropriate avoidance measures have been completed. If non-federal special-status species are found within the area of potential effect, the USFS, BLM, and CDFG will be notified and, in consultation with these agencies, agreed-upon appropriate actions to address impacts to the species will be implemented. This only applies to species that are not listed under the California Endangered Species Act (CESA) unless authorized by an Incidental Take Permit (ITP) or not fully protected under Fish and Game Code or Title 14, California Code of Regulations (CCR). 5b.Cover all steep-walled trenches or excavations used during construction to prevent entrapment of wildlife (e.g., reptiles and small mammals). If the trenches or excavations cannot be covered. escape ramps shall be placed into the trench or

20 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 21

area, or exclUSion tenclng (Le., silt fencing) shall be installed around the trench or excavation to prevent entrapment of wildlife. Open trenches, or other excavations that could entrap wildlife, shall be inspected by the authorized biologists a minimum of three times per day and immediately before backfilling. All excavated areas, shall be covered if left overnight. Furthermore, employees and contractors shall look under vehicles and equipment for the presence of wildlife before moving the vehicle or equipment. If wildlife is observed, no vehicles or equipment would be moved until the animal has left voluntarily or is moved out of harm's way by an authorized biologist. ~hould a dead or injured special-status species be found in a trench or excavation or anywhere in the construction zone or along an access road, the authorized biologist shall contact BLM and/or USFS (for activities on land managed by the agencies) and-the Wildlife Agencies within 48 hours of the finding. The authorized biologist shall recordfbe species found, the location of the finding, and the cause of death (if known), and shall submit a photograph and any other , pertinent information; this information shall be submitted to the aOPTOoriate wildlife ':7"~1 Implement a Worker Environmental Awareness Program. An authorized biologist(s) shall conduct a detailed biological Worker Environmental Awareness Program (WEAP) for all Project personnel before any construction or activities within the Project footprint. The WEAP shall include discussions of Project permits and brief summaries of their conditions; discussions of agency involvement, their applicable sensitivity measures', and relevant environmental protection legislation (e.g., the Endangered Species Act, the Migratory Bird Treaty Act); descriptions of special-status species and other sensitive resources that could exist in the Project area, along with their 810-6 locations, legal status and protections; and a review of all measures to be implemented for avoidance of these sensitive resources. The final list of wildlife species to be included in the WEAP may be reduced at the discretion of the biologist with concurrence from applicable agencies. 6a. Training materials and briefings shall also include the consequences of non-compliance with these acts; identification and values of plant and wildlife species and , significant natural plant community habitats; fire protection measures; sensitivities of working on NFS and BLM lands and identification 'of USFS and BLM sensitive species; hazardous substance soill orevention and containment

21 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 22

measures; a contact person in the event of the discovery of dead or injured wildlife; and review of mitigation requirements. Discussion of GPs and BMPs shall include topics such as appropriate work limits, avoiding the spread of non-native plant species, fire safety, wildlife avoidance, trash and debris collection, spill prevention and containment protocol, and appropriate protocol for passage and/or construction near riparian zones. Sightings of sensitive wildlife species or harmful encounters with any wildlife species shall be reported to the authorized biologist immediately for evaluation and, as necessary, reporting to agencies. 6b.Training materials and a course outline shall be provided to the USFS/BLM for review and approval at least 30 days before the start of construction. Maps showing the location of special-status wildlife, fish, or populations of rare plants, exclusion areas, or other construction limitations (e,.9., limited operating periods) will be provided to the environmental monitors and construction crews before ground disturbance. 6c. The training shall be conducted for all crew members present for the start of construction. If new crew members are brought to the Project after this time, they shall take-part in the WEAP before beginning construction work; if the authorized biologist is not available at this time, new crew members shall be given a summary handout of the WEAP until the full WEAP can be administered by the authorized biologist, to be conducted no more than one workweek following the crew members' assignment to the Project. All crew members who have completed the WEAP shall submit . their names to a list to be updated continuously and furnished to agencies upon request. No construction worker may work in the field for more than five days without in theWEAP. Impacts to Raptors. 7a.lf Project construction activities cannot occur completely outside the bird breeding season, then pre-construction surveys for active nests shall be cond ucted by a qualified biologist within 1,200 feet of the construction zone no more 810-7 than seven days before the initiation of construction that would occur between February 1 and August 15. The required survey dates may be modified based on local conditions (e.g., high altitude locations) with the approval of the CDFG, BLM, and/or USFS. LADWP shall be responsible for designating qualified biologists who can conduct pre­ construction survevs and monitorina for breedina birds. The

22 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 23

resume of the proposed biologists will be provided to the BlM and USFS for concurrence before ground disturbance. If breeding birds with active nests are found, a biological monitor shall establish a species-specific buffer around the nest for ground:"baSed construction activities and a one-mile buffer for helicopter use if helicopters are flying below 300 feet, and no activities will be allowed within the buffer(s) until the young have fledged from the nest or the nest fails. If nesting bald or golden eagles are identified, a 660-foot no activity buffer will be implemented. The buffer (660-foot eagle and one-mile helicopter) may be adjusted to reflect existing conditions, including ambient noise, topography, and disturbance, with the approval of the U.S. Fish and Wildlife Service (USFWS), CDFG, BlM or USFS, as appropriate (USFS 2005). On NFS lands, the USFS shall apply the USFS land Management Plan Standard S18 (Part 3 of the land Management Plan), which states, "Protect-known active and inactive raptor nest areas. Extent of.protection will be based on proposed management activities, human activities existing at the onset of nesting initiation, species, topography, vegetative cover, and other factors. When appropriate, a no­ -disturbance-buffer arouAd active nest sites will be requrred from nest-site selection to fledging." If for any reason a bird nest must be removed during the nesting season, LADWP shall provide written documentation providing concurrence from the USFWS and CDFG authorizing the nest relocation. On NFS lands, this will include coordination and written approval from the USFS. On BlM lands, this will include coordination and written approval by the BlM. LADWP shall provide a written report documenting the relocation efforts. The report shall include what actions were taken to avoid moving the nest, the location of the nest, what species is being relocated, the number and condition of the eggs taken from the nest, the location of where the eggs are incubated, the survival rate, the location of the nests where the chicks are relocated, and whether the birds were accepted by the adopted parent. 7b.Before construction, LADWP shall identify all existing raptor nests that would be affected by Project construction. LADWP shall coordinate with the USFWS, CDFG, USFS and BlM for the proposed removal of nests that may present safety issues associated with the construction activities. All nest removals shall occur after the nest is demonstrated to be inactive by a qualified biologist and have been shown to not result in take as defined bv the Miaratorv Bird Treatv Act

23 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 24

Avoid nesting season and limit disturbance ofnesting birds. LADWP shall conduct pre-construction surveys for nesting birds if construction and removal activities are scheduled to occur during the breeding season. Surveys shall be conducted in areas within 500 feet of tower sites, laydown/staging areas, substation sites, -access/spur road locations, or any other area subject to ground disturbance. Surveys for birds shall be conducted for all areas from February 1 to August 15. The required survey dates may be modified based on local conditions (e.g., high altitude locations) with the approval of the CDFG and/or USFS. LADWP shall be responsible for designating qualified biologists who can conduct pre-construction surveys and monitoring for breeding birds. The resume of the proposed biologists will be provided to the USFS for concurrence before ground disturbance.

-If-breeding birds with active nests are found, a biological monitor shall establish a 300-foot buffer around the nest for ground­ based construction activities and a one-mile buffer-for helicopter use if helicopters are flying below 300 feet, and no activities will be allowed within the buffer(s) until the young have fledged from the nest or-the-nest fails. If nesting bald or golden eag.\es-are 810-8 _, identified, a 660-foot no activity buffer will be implemented. The 300-foot (or 660-foot eagle and one-mile helicopter) buffer may be adjusted to reflect existing conditions, including ambient noise, topography, and disturbance with the approval of the USFWS, CDFG, or USFS, as appropriate and in coordination with LADWP. On NFS lands, the USFS shall have the authority to define/redefine such buffers. The biological monitors shall conduct regular monitoring of the nest to determine success/failure and to ensure that Project activities are not conducted within the buffer(s) until the nesting cycle is complete or the nest fails. ­

The biological monitors shall be responsible for documenting the results of the surveys and the ongoing monitoring and will provide a copy of the monitoring reports for impact areas to the respective agencies (e.g., on NFS lands documentation will be provided to the Forest Biologist). If for any reason a bird nest must be removed during the nesting season, LADWP shall provide written documentation providing concurrence from the USFWS and CDFG authorizing the nest relocation. On NFS lands, this will include coordination and written approval from the USFS. LADWP shall provide a written report documenting the relocation efforts. The report shall include what actions were

24 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1 :36 P.M. Page 25

taken to avoid moving the nest, the location of the nest, what species is being relocated, the number and condition of the eggs taken from the nest, the location of where th~ eggs are incubated, the survival rate, the location of the nests where the chicks are relocated, and whether the birds were accepted by the ~rlnn+crl n!:lr"cnt

Raptor safety protection will be required on tower/conductor (lines) in appropriate locations. The Project would have minimum clearance between phase conductors or between phase conductors and grounded hardware, as recommended by the Avian Power Line Interactive Committee (APLIC 2006), that are sufficient to protect even the largest birds, such as California condor, and therefore would present little to no risk of bird B10-11 electrocution.

New Project structures shall be designed to implement collision­ reducing techniques as described in the latest version of the APLlC guidelines. Devices such as swan wrapping or ather similar functioning devices may be required if areas are identified as being a hazard to birds. In addition, per General Practice (GP) 8, an Avian Protection Plan will be developed for this Project that will include avian collision protocols.

13a. Conduct preconstruction surveys for State and federal Threatened, Endangered, Proposed, Petitioned, Candidate, USFS Sensitive, USFS Watch, BLM Sensitive, and California Native Plant Society (CNPS) listed plants and avoid any occurrences of these plants. LADWP shall conduct pre-construction surveys for State and federally listed Threatened and Endangered, Proposed, Petitioned, 810-13 and Candidate plants in a 250-foot radius around all areas subject to ground-disturbing activity, including, but not limited to, tower pad preparation and construction areas, tower removal sites, pulling and tensioning sites, assembly yards, and areas subject to grading for new access roads. The surveys shall be conducted during the appropriate blooming period(s) by an authorized plant ecologist/biologist according to protocols established by the USFWS, CDFG, USFS, BLM, and CNPS. The resume of the orooosed bioloaists will be orovided to the USFS and

25 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 26

BlM for concurrence before ground disturbance. The completion of these surveys shall be coordinated with the federal land manager. All listed plant species found shall be marked and avoided. If a federally listed plant species cannot be avoided on private land, consultation with USFWS will occur. 13b. Before site grading, any populations of listed plant species identified during the surveys shall be protected by a buffer zone. The buffer zone shall be established around these areas and shall be of sufficient size to eliminate potential disturbance to the plants from human activity and any other potential sources of disturbance, including human trampling, erosion, and dust. The size of the buffer will depend upon the proposed use of the immediately adjacent lands, and include consideration of the plant's ecological requirements (e.g., sunlight, moisture, shade tolerance, edaphic physical and chemical characteristics) that are identified by a qualified plant ecologist and/or Forest botanist. At-minimum, the buffer:.shrubspecies shall be equal to twice the drip line (Le., two times the distance from the trunk to the canopy edge) to protect and preserve the root systems of the plant. The buffer for herbaceous species shall be. at minimum, 50 feet from the perimeter of the population or the individual. A smaller buffer may be established, provided there are adequate measures in place to avoid the take of the species, with the approval of the USFWS, CDFG, USFS, and BlM and in coordination with LADWP. If impacts to listed plants are determined to be unavoidable, the USFWS shall be consulted for authorization, through the context of a Biological Opinion. Additional mitigation measures to protect or restore listed plant species or their habitat may be required by the USFWS before impacts are authorized, whichever is appropriate. 13c. Impacts to non-listed plant species (Le., USFS Sensitive, CNPS List 1,2 and 4 species) shall first be avoided where feasible. and, where not feasible, impacts shall be compensated through reseeding (with locally collected seed stock), or other USFS or BlM approved methods. For USFS lands, if the ANF determines Project activities will result in the loss of a significant portion of the known individuals of USFS Sensitive plant species, and reseeding/transplanting are not feasible options, LADWP shall preserve existing off-site occupied habitat that is not alreadv part of the public lands in pernetuitv at a 2:1

26 REGULAR MEETING OF COMMlSSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 27

mitigation ratio (habitat preserved: habitat impacted).This ratio will apply only to specific acreage inhabited by special­ status plant species that are removed during construction, and will supersede ratios listed in Table BIO-MM-1 regardless of habitat type. The determination of a significant rare plant population loss will be decided by the ANF botanist on a species and location basis, after available literature, research, and overall species distribution are reviewed. If avoidance, reseeding/transplanting, and, preservation of oft-site habitat occupied by the impacted species are not found to be possible, the ANF will consider oft-site restoration of degraded ANF lands and/or preservation of non-public lands with suitable habitat for the impacted species. The preserved habitat shall be of superior or similar habitat quality to the impacted areas in terms of soil features, extent of disturbance, habitat structure,and domiAant species composition, as determined by a qualified plant ecologist. 13d. AIr special-status plant species impacted by Project activities shall be documented in an annual report and submitted to the federal land manager (USFS and BlM) until the success criteria outlined in the-Habitat -Restoration Plan are met. Where reseeding has occurred, LADWP shall track the success of the plants during the course of the annual restoration monitoring. This information shall be submitted as part of the annual report to the federal land manaaer (USFS and B Protect western yel/ow-billed cuckoo, southwestern willow flycatcher, least Bell's vireo, and their habitat. 14a All Project activities taking place within suitable habitat for the western yellow-billed cuckoo, southwestern willow flycatcher, and least Bell's vireo shall be conducted from ._- November through early March, which is a period outside their breeding seasons (Sedgwick 2000, Sogge 2000, Brown 1993, Kus 2002, Hughes 1999). If these activities B10-14 cannot be avoided during the breeding season, the following measures shall apply: 14b If construction activities must occur during the breeding season in areas that have the potential to support listed riparian species, an authorized ornithologist shall conduct protocol surveys of the Project and adjacent areas within 500 feet to determine if this species is present within the area and to determine breeding status. USFWS protocol surveys will be conducted for southwestern willow fh/..... '-'lf.....har least 8ell's vireo. and western vellow-billed

27 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 28

cuckoo (if no protocols exist, the appropriate land management agency will establish the protocols to be used). In known occupied habitat for listed riparian birds, LADWP shall only conduct focused surveys of the Project and adjacent areas within 500 feet. The surveys shall be of adequate duration to verify potential nest sites if work is scheduled to occur during the breeding season. If breeding is confirmed, the USFWS-recommended buffers will be applied and no activities will occur within that buffer. 14c Protocol or focused surveys, as appropriate, should be conducted within one year of start of construction. However, on NFS lands, annual surveys in suitable habitat may be required during construction. These surveys may be modified through the coordination with the USFWS, CDFG, USFS, LADWP and the BLM based on the condition of habitat, the observation of the species, or avoidance of riparian areas during the breeding season. 14d If a territory or nest is confirmed, the USFWS and CDFG shall be notified immediately. On NFS or 6lM lands, these~ agencies would be notified immediately. In coordination with the USFWS, CDFG and the appropriate land management agency, a 300-foot disturbance-free bLJffer shall be established and demarcated by fencing or flagging. This buffer may be adjusted, provided noise levels do not exceed 60 dB(A) hourly Leq at the edge of the nest site as determined by an authorized biologist in coordination with a qualified acoustician. If the noise meets or exceeds the 60 dB(A) Leq threshold, or if the authorized biologist determines that the construction activities are disturbing nesting activities, the authorized biologist shall notify the construction manager, and the construction manager, in consultation with the biologist and USFS, has the authority to halt the construction and shall devise methods to reduce the noise and/or disturbance in the vicinity. This may include methods such as, but not limited to, turning off vehicle engines and other equipment whenever possible to reduce noise, installing a protective noise barrier between the nest site and 'the construction activities, and working in other areas until the young have fledged. If noise levels still exceed 60 dB(A) Leq hourly at the edge of nesting territories and/or a no-construction buffer cannot be maintained, construction shall be deferred in that area until the nestlings have fledged. All active nests shall be monitored on a weekly basis until the nestlings fledge. No construction or vehicle traffic shall occur within this buffer

28 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 29

during the breeding season for these species. 14e The nest must be monitored by an authorized biologist during the construction activities. If the monitor determines that Project activities are disturbing or disrupting nesting activities, the monitor shall notify the construction manager, and the construction manager, in consultation with the biological monitor, has the authority to implement measures to reduce the noise and/or disturbance in the vicinity. 14f Because these species are State-listed as endangered by CESA, LADWP would apply for an ITP if take of any of these species is anticipated durina Proiect construction. Protect coastal California gnatcatcher and its habitat. 15a. All Project activities taking place within suitable habitat for the coastal C~lifornia gnatcatcher shall be conducted from September through February, which is a period outside their-breeding season. I.f these activities cannot be avoided during the breeding season, the following measures shall apply: 15b. LADWP shall conduct protocol surveys for coastal California gnatcatchers in areas supporting coastal sage scrub habitat thatmay be affected,.by the Project. In known occupied habitat for the California gnatcatcher, LADWP shall only conduct focused surveys for coastal California gnatcatchers. Survey areas shall include a 500-foot buffer around Project disturbance areas. 15c. If a territory or nest is confirmed, the USFWS shall be notified immediately; on NFS or BlM lands, these agencies 810-15 would also be notified immediately. In coordination with the USFWS and the appropriate land management agency, a 300-foot disturbance-free buffer shall be established and demarcated by fencing or flagging. This buffer may be adjusted, provided noise levels do not exceed 60 dB(A)hourly leq at the edge of the nest site as determined by an authorized qualified biologist in coordination with a qualified acoustician. If the noise meets or exceeds the 60 dB(A) leq threshold, or if the authorized biologist determines that the construction activities are disturbing nesting activities, the authorized biologist shall notify the construction manager, and the construction manager, in consultation with the authorized biologist, has the authority to halt the construction and shall devise methods to reduce the noise and/or disturbance in the vicinity. This may include methods such as, but not limited to, turning off vehicle engines and other equipment whenever possible to reduce noise. installina a protective noise barrier between

29 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 30

the nest site and the construction activities, and working in other areas until the young have fledged. If noise levels still exceed 60 dB(A) Leq hourly at the edge of nesting territories and/or a no-construction buffer cannot be maintained, construction shall be deferred in that area until the nestlings have fledged. All active nests shall be monitored on a weekly basis until the nestlings fledge. No Project activities may occur in these areas unless otherwise authorized by USFWS. LADWP shall obtain incidental take authorization from the USFWS before further activities. 15d. Protocol or focused surveys, as appropriate, shall be conducted, at a minimum, within one year of start of construction. These surveys may be modified through the coordination with the USFS, BLM, and CDFG based on the condition of habitat, the observation of the species, or avoidance of nesting areas during the breeding season. 15e. Construction-activities in occupied gnatcatcher habitat-will be monitored by a full-time authorized biologist. The monitoring shall be ota-sufficient intensrtyto ensure that the biologist could detect the presence of a bird in the construction area. At a minimum, one full-time monitor shall be present fOl=-8very two miles of-active construction within occupied habitat. The monitors shall notify the construction manager, and the construction manager. in consultation with the biologist, will have the authority to halt all activities until appropriate corrective measures have been com Protect burrowing owl. The following measures are proposed to minimize the potential for take of burrowing owl nests during construction associated with the proposed Project. 16a Preconstruction surveys will be conducted throughout the Project site and laydown areas for burrowing owls, possible burrows, and sign of owls (e.g., pellets, feathers, white wash). 810-16 16b Occupied burrows will not be disturbed during ~he breeding season (February 1 through August 31) unless an approved biologist verifies, through non-invasive methods, that both 1) the birds have not begun egg-laying and incubation, and 2) that juveniles from the occupied burrow are foraging independently and are capable of independent survival. 16c Occupied burrows will be protected with a 600-foot buffer, if possible. 16d When the destruction of an occupied burrow is unavoidable, the owl(s) will be passivelv relocated in accordance with the

30 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 31

CDFG memo dated October 17,1995. Relocation efforts will occur at least one week before ground disturbance of the area. A biologist will monitor the success of the relocation. A monitoring plan will be submitted to and CDFG and ELM. t-Irrttt::lr"t the bald eagle and golden C"a~Ic". 17a If construction occurs during bald eagle and golden eagle breeding season, preconstruction surveys shall be conducted, in accordance with USFWS protocol requirements, for the Project area in regions with suitable habitat. Any active nests shall have an appropriate exclusion buffer established. This buffer shall be 810-17 established based on existing conditions in consu,ltation with the LADWP, USFS, BlM, CDFG and/or USFWS. 17b Whenever bald eagles and golden eagles are observed within 100 yards of the construction area, construction shall be halted and shall not resume until the eagles leave. 1-7c If a-helicopter wj:J[· be used for construction or maintenance, the aircraft must be no closer than 1,000 feet vertical or horizontal distance from communal roost sites. Protect-California condor. 18a For all Project activities taking place immediately adjacent to or within known condor-occupied areas, a qualified biologist will monitor all construction activities and assist LADWP in the implementation of the monitoring program. The resume of the proposed biologist(s) will be provided to the BlM and USFS for concurrence. This biologist(s) will be referred to as the authorized biologist hereafter. The authorized biologist will be present during all activities immediately adjacent to or within known condor-occupied areas. The authorized biologist shall notify the construction 810-18 manager, and the construction manager, in consultation with the biologist, will have the authority to halt all activities until appropriate corrective measures have been completed. If condors are observed in helicopter construction areas, LADWP shall avoid further helicopter use until the animals have left the area. The authorized biologist will have radio contact with the Project foreman, who will be in radio contact with the helicopter pilot. The biologist will provide information to LADWP to avoid conflicts with condors. All condor sightings in the Project area will be reported to the USFWS and USFS (on NFS lands). LADWP will coordinate with USFWS on the construction schedule and helicopter work areas to

31 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 32

determine if any condors have been tracked or observed in the vicinity of the Project area. If condors are observed in helicopter construction areas, LADWP shall avoid further helicopter use until the animals have left the area and the USFWS will be notified immediately. Should condors be found roosting within 0.5 mile of the construction area, no construction activity shall occur between one hour before sunset to one hour after sunris~f or until the condors leave the area. Should condors be found nesting within 1.5 miles of the construction area, no construction activity will occur until further authorization from the USFWS and USFS (on NFS lands). 18b Microtrash. All trash is required to be disposed of as written in the Proper Disposal of Construction Waste Plan for the Project. Additional language has been added to this Plan to address the disposal of microtrash. Workers will be traip.ed on the issue-of rnlcrotrash - whaUt is, its potential effects to California condors, and how to avoid the depositton of microtrash. In addition, all workers wi'll properly dispose of their trash throughout the day and daily sweeps of the work area will occur to collect and remove trash -in locations with the potential for:-Galifornia condors. to occur. 18c California Condor Worker Education Program. LADWP will develop a flyer that will be distributed to all workers on the Project concerning information on the California condor. Information to be included consists of the following: species description with photos and/or drawings indicating how to identify the California condor and how to distinguish condors from turkey vultures and golden eagles; protective status and penalties for violation of the Endangered Species Act; avoidance measures being implemented on the Project; and contact information for communicating condor sightings. 18d Reporting. All California condor sightings in the Project area will be reported directly to the USFWS, USFS, and BLM (as appropriate). Before commencement of helicopter activity, LADWP will coordinate with a USFWS condor biologist to determine if any condors have been tracked or observed in the vicinity of the Proiect area. Protect California spotted owl. Before 'Construction activities within suitable habitat, LADWP 810-19 shall have a qualified biologist conduct USFS protocol surveys for the California spotted owl to establish or confirm the location of nests within the Proiect. The resumes of the

32 REGULAR MEETING OF COMMISSIONERS (Continued) SEPlEMBER 18,2012,1:36 P.M. Page 33

biologists shall be provided to the USFS for concurrence. If nests or breeding pairs are found during the surveys, the limited operating period (LOP) will be applied according to the ANF Land Management Plan (Standard 20 - Part 3). Where a biological evaluation by a qualified ornithologist determines that a nest site would be shielded from planned activities by topographic or other features that would minimize disturbance, the buffer distance may be reduced upon approval of the USFS on NFS lands. In addition, no helicopter overflights shall be authorized without USFS approval. If approved, minimum altitudes will be 300 feet above a territory at an altitude designated by the USFS. This buffer may be adjusted through consultation with the USFS. Protect American badger, Mohave ground squirrel, Tehachapi pocket mouse, and kit fox. 20a. In areas identified as suitable habitat during the 2008 surveys, preconstruction surveys will occur for badgers, 810-20­ grmmd squirrels, pocket mice, -and kit foxes. tf present and feasible, construction would be avoided in or adjacent to occupied habitat during breeding season. 20b. LADWP will consult witl:! GIJFG to see if a 20B~ Permit for incidental take of Mohave Ground Sauirrel is reauired. Protect sensitive bat species. 21a LADWP shall conduct a pre-construction survey (e.g., vegetation removal, "grading) for roosting bats within 200 feet of Project activities within 15 days before any grading of rocky outcrops or removal of trees (particularly trees 12 inches in diameter or greater th~m 4.5 feet above-grade with loose bark or other cavities). 1) LADWP shall also conduct surveys for roosting bats during the- maternity season (March 1 to July 31) within 300 feet of Project activities. Trees, rocky outcrops, and 810-21 mine features shall be surveyed by a qualified bat biologist (i.e., a biologist holding a CDFG collection permit and a Memorandum of Understanding with CDFG allowing the biologist to handle bats). Surveys duration shall be a minimum of one day and one evening. The resume of the biologist shall be provided to the USFS and BLM (as appropriate) for concurrence before any Project activities. 2) If active maternity roosts or hibernacula are found, the rock outcrop or tree occupied by the roost shall be avoided (i.e., not removed) by the Project, if feasible. If avoidance of the maternitv roost is not feasible. the bat

33 REGULAR MEETING OF COMMISSIONERS (Continued) SEP1EMBER 18, 2012,1:36 P.M. Page 34

biologist shall survey (through the use of radio telemetry or other CpFG/USFS/BLM approved methods) for nearby alternative maternity colony sites. If the bat biologist determines, in consultation with and with the approval of the CDFG, USFS, and BLM (as appropriate), that there are alternative roost sites used by the maternity colony and young are not present, no further action is required, and it will not be necessary to provide alternative roosting habitat (Le., Mitigation Measure B10-21b would not apply, although Mitigation Measure B10-21c would still apply). However, if there are no alternative roost sites used by the maternity colony, Mitigation Measure B10-21 b is required. If no active roosts are found, no further action is required. If active maternity roosts are absent, but a hibernaculum (Le., a non-maternity roost) is present, Mitigation Measure B10-21b is not necessary, but Mitigation Measure B10-21c is required. 21 b Provision of substitute roosting bat habitat. If a maternity roost will be impacted by the Project, and no alternative maternity roosts are in use near the site, Sllbstitute roosting habitat for the maternity colony shall be provided on, or close to, the Project site no less than three months before the eviction of the colony. Alternative roost sites will be constructed in accordance with the specific bats' requirements in coordination with CDFG and ANF. By making the roosting habitat available before eviction (Mitigation Measure B10-21 c), the colony will have a better chance of finding and using the roost. Large concrete walls (e.g., on bridges) on south or southwestern slopes that are retrofitted with slots and cavities are an example of structures that may provide alternative roosting habitat appropriate for maternity colonies. Alternative roost sites must be of comparable size and proximal in location to the impacted colony. The appropriate agencies shall also be notified of any hibernacula or active nurseries within the construction zone. Construction will not proceed proximity of active hibernacula or nurseries until approved by appropriate agencies. Exclude bats before demolition of roosts. If non-breeding bat hibernacula are found in towers or trees scheduled to be removed or in crevices in rock outcrops within' the grading footprint, the individuals shall be safely evicted upon the approval of appropriate agencies and under the direction of a qualified bat biologist, by enina the roostina area to allow airflow throuah the

34 REGULAR MEETlNG OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 35

or other means determined appropriate by the bat biologist (e.g., installation of one-way doors). The resume of the bat biologist shall be provided to the CDFG, USFS, and BLM (as appropriate) for concurrence before any Project activities. In situations requiring one-way doors, a minimum of one week shall pass after doors are installed, and temperatures should be sufficiently warm for bats to exit the roost, because bats do not typically leave their roost daily during winter months in southern coastal California, This action should allow all bats to leave during the course of one week. Roosts that need to be removed in situations where the use of one-way doors is not necessary in the judgment of the qualified bat biologist shall first be disturbed by various means at the direction of the bat biologist at dusk to allow bats to escape during the darker hours, and the roost tree shall be removed or the grading shall occur the next-day (Le" there shall be no-less or more-than one night between initial disturbance and the grading or tree removal). 1) If an active maternity roost is in an area to be impacted by the Project, and alternative roosting habitat is available, the cfemoHtion of the roost site must commence before maternity colonies form (Le., before March 1) or after young are flying (i.e., after July 31) using the exclusion techniques described above. 21c Survey for bat nursery colonies. A CDFG-approved biologist shall conduct a habitat assessment for bat nursery colonies before any construction activity. The approved biologist shall then conduct a survey for bat nursery colonies or signs of such colonies before construction. Direct impacts to a nursery colony site shall not be allowed, and approach of, or entrance to, an active nursery colony site shall be prohibited. Before any blasting or drilling in the vicinity of a nursery colony site, the CDFG-approved biologist shall work with the construction crew to devise and implement methods to minimize potential indirect impacts to the nursery colony site from falling rock or substantial vibration (while a nursery colony is active). The methods shall include an option to halt any construction activity that would cause falling rock, substantial vibration impacts, or any other construction-related impact to a nursery colony as determined by the approved biologist, until the colony is inactive. Should falling rock block the entrance to a nursery colony site, the contractor shall work with the approved bioloaist to reopen an entrance to the site.

35 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 36

21 d If habitat must be removed for construction to continue, a two-step removal process will be implemented. The two­ step removal process will involve permitted biologists to alter the habitat outside of the season of use (i.e., outside of hibernating/maternity season) to make the habitat less suitable, and the following day the habitat will be removed under the supervision of the "''''I'...... iHo''/ Protect special-status herpetofauna. An authorized biologist with demonstrated expertise with special­ status herpetofauna shall monitor all construction activities and assist LADWP in the implementation of the monitoring efforts. The resume of the proposed biologist will be provided to the USFS or BlM (as appropriate) for concurrence before the onset of ground-disturbing activities. The authorized biologist will be present during ground-disturbing activities immediately adjacent to or within habitat that supports populations of the special-status herpetofauna. Any special-status herpetofauna found within a Project impact area shall be captured by the authorized biologist 810-22 and relocated to suitable habitat outside the impact area. If the installation of exclusion fencing is deemed necessary by the authorized biologist, the authorized biologist will direct the installation-of the fence. Exclusion fencin§will only be used for special-status herpetofauna that are not protected by CESA, unless specifically authorized by an ITP, or are not considered Fully Protected Species under Fish and Game Code or Title 14 of the-CCRClearance surveys for special-status herpetofauna shall be conducted by the authorized biologist before the initiation of construction each day. Authorized non-federal biologists will have the appropriate CDFG scientific collection it. Protect desert tortoise and habitat loss. 23a In areas of suitable desert tortoise habitat, preconstruction clearance surveys according to USFWS protocol will be conducted by authorized biologists. Surveys will be conducted by an authorized biologist and will provide 100 percent coverage of all areas to be disturbed during 810-23 construction. All desert tortoise burrows and burrows constructed by other species that might be used by desert tortoises will be examined to assess occupancy of each burrow by desert tortoises arid processed in accordance with the current USFWS guidelines (USFWS 2009d). If tortoise is observed or sign is found .. construction activities will be monitored by a biologist authorized by the USFWS. If no tortoise sian is found. monitorina bv an authorized

36 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 37

biologist would not be required. Should a tortoise wander into non-monitored construction sites, all ground-disturbing activities will stop and a biologist approved to handle desert tortoise will be called to the site to move the tortoise out of harm's way, and the remainder of construction in desert tortoise habitat shall be monitored by an authorized biologist. ­ 23b Vehicular traffic during construction in desert tortoise habitat will be confined to eXisting routes of travel to and from the Project site, and cross-country vehicle and equipment use outside designated work areas will be prohibited. Where new access is required outside of existing roads (e.g., new spur roads) or the construction zone, the route will be clearly marked (Le., flagged and/or staked) prior to the onset of construction and desert tortoise ._- clearance surveys will be conducted. During the desert tortoise active season (March to-May and September to October), speed limits along Project roads shall be limited ------.~ .. ---·-t015 mph in desert tortoise habitat. 23c Burrows within the construction zone or along access routes shall be flagged by the authorized biologist so that the qualified biologist would be able to mere-easily locate them during construction. The authorized biologist shall be on-site to monitor all construction that occurs in the vicinity of flagged burrows and to ensure that desert tortoise impacts are avoided during Project construction. All desert tortoise burrows or pallets in the construction area shall be excavated by the USFWS-authorized biologist if they cannot be avoided by Project realignment. The construction area includes the expansion area of the Barren Ridge Switching Station (235 feet) and 500 feet total or 250 feet on either side of the new 230 kV transmission line. The 250 feet on either side of the transmission line account for the access roads, spur roads, tower assembly, and installation. The staging sites and concrete batch plants will not be placed within the desert tortoise habitat. 23d Desert tortoises that are found above ground in active construction areas shall be placed out of harm's way in the shade of a shrub or other cover location by the USFWS and BLM-authorized biologist. Any desert tortoise removed from burrows shall be placed in an unoccupied burrow of approximately the same size as the one from which it was removed. Tortoises shall not be placed more than 1,000 ------feet from where-they- were found. If an existing burrow is .--..--... -----~ unavailable. the authorized biolooist shall construct or direct

37 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER.J8, 2012,1:36 P.M. Page 38

the construction of a burrow of similar size, shape, depth, and orientation as the original burrow. Desert tortoises moved during inactive periods would be monitored for at least one week after placement in the new burrows to ensure their safety. If a tortoise is in a construction or maintenance area and is not moving of its own accord, activities would'be halted until the authorized biologist is able to move it out of harm's way. 23e Any time a vehicle is parked, the ground around and under the vehicle shall be inspected for desert tortoises before the vehicle is moved. If a desert tortoise is observed, it shall be left to move on its own. If the tortoise does not move within 15 minutes, the authorized biologist shall relocate the tortoise out of harm's way, but no more than 1,000 feet from its original location. Moving desert tortoise from harm's way will only occur on the transmission line portions of the Project. -A desert_tortoise translocation-plan may be needed if desert tortoises are found within the Barren Ridge Switching Station expansion site;-the authorized bietegist-=­ shall contact the USFWS for guidance on developing this plan. 23f ..Within potential desert tortoise-habitat.areas, -vehicles shall not exceed 20 miles per hour on access roads during the period of highest desert tortoise activity (March 1 through October 31). 23g Tower foundations or other excavations that pose a potential to entrap or injure desert tortoise shall be inspected three times daily until the foundation or other structure is in place and the excavation is filled in. Excavations also will include an escape ramp. 23h The Project Worker Environmental Awareness Program (WEAP) will 'include information on desert tortoise. The program will be presented to all personnel who will be onsite at any time, including but not limited to contractors, contractors' employees, supervisors, inspectors, and subcontractors. This program will be presented in English and Spanish, if appropriate, and contain information concerning the biology and distribution of the desert tortoise as it is relevant to the Proposed Action, its legal status and occurrence in the proposed Project area, the definition of "take" and associated penalties, the terms and conditions of this biological opinion, measures designed to minimize the effects of construction activities, the means by which employees can facilitate this process, and reporting irements to be implemented when tortoises are

38 REGULAR MEETING OF COMM~SSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 39

encountered or in cases of non-compliance with the Biological Opinion. The name of each individual trained will be recorded on a sign-in sheet and will become part of the environmental compliance permanent record. 23i A litter-control program will be implemented to reduce the attractiveness of the area to opportunistic desert tortoise predators such as desert kit fox, coyotes, and common ravens. Trash and food items will be disposed of properly in predator-proof containers with re-sealing lids. Trash containers will be emptied, and construction waste will be removed daily from the Project area and disposed of in an approved landfill. 23j LADWP shall report any observations of raven predation on desert tortoises in the Project area to CDFG and USFWS. In construction areas that are heavily used and in potentially occupied desert tortoise habitat, work and staging areas, including the locations of the transmission line under construction, may be fenced with approved temporary desert tortoise exclusion fencing in a manner that prevents equipment and vehicles from straying from the designated work area into adjacent habitat. An authorized biologist will assist in determining the boundaries of the area to be fenced in consultation with the USFWS, CDFG, and with the BLM when construction areas are within lands administered by the BLM. All workers will be advised that equipment and vehicles must remain within the fenced work areas. Installation of the fencing and any necessary surveys will be directed or conducted by an authorized biologist. The fencing will remain in place for the duration of construction activities at a particular location and . will be removed when construction activities are complete. 1) Temporary fencing should consist of i-inch mesh or 1­ inch horizontal by 2-inch vertical mesh (hardware, cloth or plastic) and be installed flush with the ground and extend at least 18 inches above..:ground. Temporary tortoise-proof fencing should not be buried. In areas of high rodent activity where plastic mesh is used, temporary fencing may need more frequent monitoring to ensure no breaches exist. A desert tortoise authorized biologist will inspect the fencing on a biweekly basis to ensure that no holes develop that could allow desert tortoises to enter the work areas. If holes are found, they will be repaired immediately. If a desert tortoise is found within an area that has been

39 REGULAR MEETING OF COlVlMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 40

fenced to exclude them, activities will cease until an authorized biologist moves it out ofharm's way outside of the fence, no greater than 500 meters away from its original location. At this time, the fencing will be inspected for holes, and any breaches in the fence will , be immediately repaired. 23k No pets or firearms will be permitted in the work area. Protect arroyo toad and California red-legged frog. 24a LADWP shall conduct USFWS-approved protocol surveys for arroyo toads and California red-legged frogs at all locations containing suitable habitat near the proposed construction sites within two years before the start of construction. 24b If arroyo toads are detected, further surveys within the area not be required and the avoidance measures detailed below will be followed. If no arroyo toads are detected, habitat assessments will be performed on a yearly basis to determifle-if the-area contir-tuss to provide suitable habitat; if an area continues to provide suitable habitat, surveys will be repeated every two years until construction is completed. For all areas in which this species has been documented, LADWP shall develop and implement a monitoring pJan that includes the following measures in consultation with the USFWS and USFS. 1) LADWP shall retain an authorized biologist with 810-24 demonstrated expertise with arroyo toads to monitor all construction activities in occupied arroyo toad habitat and assist LADWP in the implementation of the monitoring program. The resumes of the proposed biologists will be provided to the USFS for concurrence. This biologist will be referred to as the authorized biologist hereafter. The authorized biologist will be present during all activities immediately adjacent to or within habitat that supports populations of arroyo toad. 2) All trash that may attract predators of the arroyo toad will be removed from work sites or completely secured at the end of each work day. Before the onset of any construction activities, LADWP shall meet on-site with staff from the USFS and the authorized biologist. LADWP shall provide information on the general location of construction activities within habitat of the arroyo toad and the actions taken to reduce impacts to this species. Because arroyo toads may occur in various locations during different seasons of the year, LADWP. USFS. USFWS. and authorized bioloaists will

40 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 41

at this preliminary meeting, determine the seasons when specific construction activities would have the least adverse effect on arroyo toads. 3) Any arroyo toads found during clearance surveys shall be reported to the USFWS and the USFS immediately. ~Iearance surveys shall occur on a daily basis in areas that contain suitable habitat. 4) If the authorized biologist determines that Project activities are disturbing the species, they shall notify the construction manager, and the construction manager, in consultation with the biologist, will have the authority to halt all activities until appropriate corrective measures have been completed. 5) To ensure that diseases are not conveyed between work sites by the authorized biologist or his or her assistants, the fieldwork code of practice developed by the Declining Amphibian Populations Task Force will be followed at all times. 6) LADWP will avoid ground disturbing activities (e.g., grading, stream crossing upgrades, parking) along access roads within a 1.0 mi (1.6 km) buffer of occupied stream -habitat far arroyo toads during the activity period for arroyo toads (March through November). This date and buffer may be modified based on the existing temperature regime and habitat conditions, with Angeles National Forest approval. 7) LADWP will limit use of the access roads in areas known to support arroyo toad within a 1.0-mile (1.6 km) buffer to daylight hours only during the activity period for arroyo toads (generally March through November). Use of these roadways during rain events will not occur during the activity period for arroyo toads. Vehicle speeds will be limited to 15 mph (24 kph), and no parking or loitering will occur along the access roads. An authorized biologist must permanently remove from the Project area any individuals of exotic species, such as bullfrogs, crayfish, and centrarchid fishes, to the maximum extent possible and ensure that activities are in compliance with the California Fish and Game Code. 8) No stockpiles of materials will occur in areas occupied by arroyo toads. 9) Any spills of fluids that may be hazardous to aquatic fauna (gasoline, hydraulic fluid, motor oil, etc.) in areas that may contain arroyo toads will be reported to the

41 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 42

USFS and USFWS within one hour. . 10) For each ac/ha of arroyo toad occupied habitat that is permanently impacted on the Angeles National Forest, five ac/ha of arroyo toad occupied habitat will be conserved in the vicinity of the impacted habitat (Le., impacts will be offset at a habitat ratio as required by the final Biological Opinion). 24c If California red-legged frogs are detected, further surveys within the area will not be required and the avoidance measures detailed below will be followed. If no California red-legged frogs are detected, habitat assessments will be performed on a yearly basis to determine if the area continues to provide suitable habitat; if an area continues to provide suitable habitat, surveys will be repeated every two years until construction is completed. For all areas in which this species has been documented, LADWP shall develop and implement a-monitoring plan that includes the following measures in consultation with the USFWS and USFS. 1) All trash-that may attract predators of red-legged frogs will be removed from work sites or completely secured at the end of each work day. 2) Between November 1 and. March 31, no work-will-be authorized within one mile of occupied habitat, and no vehicular crossings at wet fords of those channels will be authorized. The one-mile buffer distance may be reduced based on the topography of the site, with the approval of the USFWS and the USFS. 3) If and as required by USFWS, between April 1 and October 31, no work will be authorized within 0.5 mile of occupied habitat, and no vehicular crossings at wet fords of those channels will be authorized. 4) If and as required by USFWS, from November 1 thru March 31, overflights will be restricted to a minimum altitude of 1,000 feet (305 m) from the stream bottom within 1.0 mile (1.6 km) of a California red-legged frog occupied stream. 5) Before the onset of any construction activities, LADWP shall meet on-site with staff from the USFWS and the USFS-approved biologist (authorized biologist). The authorized biologist shall hold a current red-legged frog permit from USFWS. LADWP shall provide information on the general location of construction activities within habitat of the red-legged frog and the actions taken to reduce impacts to this species. Because red-legged occur in various locations durina different

42 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 43

seasons of the year, LADWP, USFWS, USFS, and authorized biologists will, at this preliminary meeting, determine the seasons when specific construction activities would have the least adverse effect on red­ legged frogs. 6) Where construction would occur in habitat where red­ legged frogs are widely distributed, work areas will be fenced in a manner that prevents equipment and vehicles from straying from the designated work area into adjacent habitat. The authorized biologist will assist in determining the boundaries of the area to be fenced in consultation with the LADWP and the responsible agency(s). All workers will be advised that equipment and vehicles must remain within the fenced work areas. 7) The authorized biologist will directthe installation of the fence and conduct a minimum of three nocturnal surveys. -If red-Jegged-rrogs are observed on-the final surveyor during subsequent checks, the authorized biologist shall halt construction and report to the USFWS and the USFS immediately. 8) Fencing to exclude red-legged frogs will be at least 24 inches-in height. 9) Construction activities that may occur near breeding pools or other areas where large numbers of red-legged frogs mi;ly congregate will be conducted during times of --- ,--- the year when individuals have dispersed from these areas (Le., winter) or the species is dormant, unless otherwise authorized by the USFS and USFWS. The authorized biologist will assist LADWP in scheduling its work activities accordingly. 10) Any red-legged frogs found during clearance surveys shall be reported to the USFWS and the USFS immediately. Clearance surveys shall occur on a daily basis in the work area. 11) If the authorized biologist determines that Project activities are disturbing the species, they shall notify the construction manager, and the construction manager, in consultation with the biologist, will have the authority to halt all activities until appropriate corrective measures have been completed. 12) LADWP shall avoid nighttime activities when red­ legged frogs may be present on the access road. Traffic speed should be maintained at 15 mph or less in the -work area. . 13) An authorized bioloaist must permanentlv remove from

43 REGULAR MEETING OF COMMISSIONERS (Continued) SEP1EMBER 18, 2012,1:36 P.M. Page 44

within the Project area any individuals of exotic species, such as bullfrogs, crayfish, and centrarchid fishes, to the maximum extent possible, and ensure that activities are in compliance with the California Fish and Game Code. 14) No stockpiles of materials will occur in areas occupied by California red-legged frogs. 15) To ensure that diseases are not conveyed between work sites by the authorized biologist or his or her assistants, the fieldwork code of practice developed by the Declining Amphibian Populations Task Force will be followed at all times. 16) Any spills of fluids that may be hazardous to aquatic fauna (gasoline, hydraulic fluid, motor oil, etc.) in areas that may contain California red-legged frogs will be rannrfan to the USFS and the USFWS within one hour.

To avoid or reduce impacts to cultural resources on federal, State, city and private land, the ANF, BLM, California SHPO, and LADWP will develop and implement a Programmatic Agreement (PA) to comply with Section 106 of the NHPA, in accordance with the implementing regulations at 36 CFR 800.14(b). As stipulated in 36 CFR 800.14(b), the PA will document the alternate procedures and guidelines to resolve potential adverse effects or impacts that may result from the construction, operation, and maintenance of the BRRTP. The development of the PA will involve the appropriate government-to-government CUL-1 consultations pursuant to 36 CFR 800.16(f)(1) and invite participation by interested groups, organizations, and individuals, per 36 CFR 800.16(e)(2). The. PA will require a Construction Phase Management Plan (CPMP) and a Historic Properties/Historical Resources Management Plan (HP/HRMP). Provisions of the CPMP will be implemented before and during construction; provisions of the HP/HRMP will be implemented following construction during operation and maintenance of the BRRTP. The PA will be signed by the signatories and invited signatories before issuance of the Record of Decision (ROD) by the ANF and BLM.

Foundations for towers and other structures shall be sited a safe GEO-1 distance from the known surface traces of all active faults. structures shall be constructed within the boundaries of identified landslides where the slide material has a mean depth GEO-2 greater than two feet unless design techniques are implemented to reduceootentiallandslide hazard. Techniaues could include

44 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 45

excavating potentially unstable material resulting in a flatter more stable slope configuration; reduction of landslide driving forces by removal of earth materials at the top of the landslide; construction of buttress and/or stabilization fills; construction of retaining walls, installation of rock bolts on the face of the slope, or installation of protective wire mesh on the slope face; and/or the construction of debris impact walls at the toe of the slope to contain rock fall debris.

If switching stations construction within identified debris flow deposit boundaries is unavoidable, the debris flow deposit(s) shall be excavated down to bedrock beneath and upslope of the switching station, or the foundation shall be anchored in bedrock. A qualified paleontologist/principal investigator shall be retained by LADWP to develop and implement a paleontological resource mitigation plan

45 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 46

work undertaken by LADWP on public land shall be carried out by qualified paleontologists with the appropriate current permits, including, but not limited to a Paleontological Resources Use Permit (for work on public lands administered by BLM). Notices to proceed will be issued by the BLM, USFS, and other agencies with jurisdiction, following approval of the PMTP. A paleontological monitor shall be retatned on a full-time basis to monitor Project-related construction excavations (e.g., road grading, switching station mass grading, and tower footing boreholes and pad construction) in areas underlain by paleontological resources of maximum and major sensitivity. Project-related construction excavations in areas underlain by paleontological resources of undetermined sensitivity shall be PR-2 monitored on a part-time basis, while Project-related construction excavations in areas underlain by paleontological resources of minor or zero sensitivity will not require any monitoring. A qualified paleontological monitor shall have a B.S. in geology or paleontology and have-at leastone year experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of the qualified paleontologist. Before the initiation of construction or ground-disturbing activities, all construction personnel shall be trained regarding the recognition of possible subsurface paleontological resources and protection of all paleontological resources during PR-3 construction. Training shall inform all construction personnel of the procedures to be followed upon the discovery of paleontological resources. All personnel shall be instructed that unauthorized collection or disturbance of protected fossils on or off the right-of-way will not be allowed. When fossils are discovered, the qualified paleontologist (or paleontological monitor) shall recover them. In most cases fossil salvage activities can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist shall be allowed to temporarily direct, divert, or halt earthwork to allow recovery of fossil remains PR-4 in a timely manner. At each fossil discovery site, field data forms shall be prepared to document the geographic, geologic, stratigraphic, and taphonomic aspects of the discovery. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, as determined by a qualified paleontologist, it may be necessary to collect bulk les (up to 6,000 pounds) of sedimentary rock matri~~ This

46 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 47

bulk matrix sample shall then be tested by screenwashing a 200­ pound subsample to determine the presence and relative abundance of identifiable microfossils. If positive results are obtained, the entire sample shall be screenwashed. To the extent feasible, fossil remains collected during monitoring and salvage shall be cleaned, repaired, sorted, and cataloged as part of the mitigation program. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited in a federally accredited repository for both vertebrate and invertebrate fossils such as the Natural History Museum of Los Angeles County or the Museum of Paleontology at the University of California, Berkeley. Funds for curation will be the PR-5 I responsibility of LADWP. The Project qualified paleontologist shall be authorized to submit fossils with accompanying deeds of gift for curation on behalf of LADWP; Donation of the fossils _, shall be accompanied by financial support for initial specimen storage (costs vary for individual institutions). A final summary -report -shall-be compJeted that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and -significance of re.covered fossils. Hazardous Materials Environmental Monitoring Program.

A construction monitoring plan shall be enforced by LADWP and its contractors to ensure that provisions outlined in Project­ HAZ-1 specific plans are correctly followed for the duration of the construction period. Site-specific plans would include, but are not limited to, the Emergency Response Plan; Hazardous MaterialsIWaste Management Plan; SWPPP; Soil Management Plan: and the SPCC. Document compliance with measures for encountering unknown contamination.

If evidence of soil or groundwater contamination is detectable by visual and/or olfactory obselVation during Project construction, a HAZ-2 report documenting the exact contamination location, laboratory test results, actions taken, and recommended mitigation (if applicable) shall be submitted to the USFS (if on USFS lands) or BLM (if on BLM lands) for each incident. This report shall be submitted within 30 days of LADWP's ~eceipt of laboratory results. Herbicide Application Protocols. HAZ-4

47 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012.1:36 P.M. Page 48

Protocol 1- Selection of Project Herbicides: • Herbicides would be selected from an LADWP- and USFS­ approved list, with mixture and dilution ratios that have been specified by the manufacturer. Protocol 2- Contract Qualified Personnel for Herbicide Application: • Individuals selected for herbicide application must possess all appropriate State and local herbicide applicator licenses, and documented training complying with applicable regulations and ordinances. • Supervisory personnel must be familiar with the application areas and must be present to monitor herbicide application in these areas. • Contractors applying herbicides must follow all applicable regulations regarding herbicide use. Protocol 3a- Field Preparation Procedures: • Contractors sRall follow all specifications/recommendations provided by the manufacturer for mixing and application of herbicides. Only the minimum amount of chemrcals­ required to adequately complete the job shall be mixed .. • Herbicide chemical mixing and vehicle loading must be conducted before eRtering the field, and all vehicles-shall contain Hazardous Materials Spill Management Kits. • Calibrate and inspect all spray equipment before entering the field to maintain adequate functionality. • Distribute safety equipment, information, and emergency supplies to the application crew, including splash protection clothing and gear, chemical resistant gloves, chemical spill/splash wash supplies, and Materials Safety Data Sheets (MSDS), for all materials to be used on the job. Protocol 3b- In-Field Preliminary Procedures: • Before each herbicide application, the local weather .. _. conditior}s and the physical and climatic setting of the target area must be evaluated. --...... • Before herbicide application, mechanically remove appropriate vegetation at the target sites, as applicable. Minimize unnecessary environmental disturbance by preparing the work area at target sites. Protocol 3c- Application Restrictions: • Avoid contact with areas frequently occupied by humans and domestic animals and/or their food sources (Le., yards, pens, food crops, drinking water, feed storage areas). • Protect wildlife and valued vegetation from direct contact -'---with herbicides. Only chemicals that are non-toxic to birds nmL_9l1d small mammals shall be applied in areas where nests

48 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 49

or dens are observed. • Protect aquatic wildlife from chemical runoff. Avoid spraying within 50 feet of well heads. Avoid spraying near roadside drainage channels or within 50 feet of any surface water body when water present. • Avoid application under the following conditions to avoid chemical drift and contamination outside the target sites: Under conditions of rain or when rain is imminent, during site irrigation, when the target site contains puddles, when the site has a slope that exceeds a 1: 1 ratio. • Avoid chemical drift outside of target sites by avoiding application during wind velocities in excess of 10 mph. If chemical drift is observed during application, discontinue spraying until conditions causing the drift stop. Protocol 3d- In-Field Application Procedures: • Complete preliminary site evaluation checks to record adverse conditions identified in the field. Avoid application in those areas. • Do not dump excess pesticide onto soil or into drains. Do not dump or scatter vegetation waste into drainage canals or sucta.ce water bodies. Avoid fueling of maintenance vehicles/equipment within 100 feet of water bodies. • Apply the minimum amount of chemicals necessary to complete the objective at the site. Minimize overlapping previously sprayed areas. Protocol 4- Post-Application Protocols: • Spray tanks shall be cleaned at the Project staging yards and shall be appropriately reused. Excess herbicide and containers shall be stored and disposed of according to the manufacturer's label by the construction contractor. After application, a record of herbicide application performed at each target site shall be provided by the contractor to LADWP, the USFS, and the BLM, as appropriate. Protocol 5- Spill Clean-up Procedures: • Immediately after a spill incident, absorbent material shall be applied. Affected media shall then be placed into a hazardous material storage container, and LADWP would be notified. • If wildlife nests or dens are accidentally sprayed, personnel shall immediately notify their supervisor, who shall report the incident to LADWP within 24 hours. Public Services and Utilities Systems Recycle Solid Construction Waste. PSU-1 a portion of the solid waste nAnAr~tAri

49 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 50

construction activities to the extent feasible. The quantity of Project waste that is recycled shall aide local jurisdictions in meetina and/or exceedina Assemblv Bill 939 standards. on Identify and provide noticing of alternative recreation areas. To the extent feasible, LADWP shall coordinate with the authorized recreation officer(s) or the agencies of all recreational areas affected by construction and maintenance activities, including but not limited to those listed under R-1a (Coordinate construction schedule and maintenance activities with managing officer[s] for affected recreation areas), the purpose of which is to accomplish the following:

R-1b Identify recreational areas (Le., trails, parks, day-use areas) that would be closed during Project construction or maintenance activities; :r..o-the extent feasible, identify alternative recreational areas for each resource that would be made unavailable to the public dtl6-to --eaflstructinn ·or maintenanee activities; and Post a public notice which identifies alternative recreational areas at USFS Ranger Stations within the ANF and at all _J_e.creational areas to-be closed due to-construction or maintenance activities. Notification of temporary closure of Off-Highway Vehicle routes. To the extent feasible, LADWP shall coordinate with the USFS (ANF) to identify OML 2 roads and other designated OHV routes which would be closed or otherwise made unavailable for R-1c use as a result of Project construction and maintenance activities. Included in this coordination effort, LADWP shall prepare a public notice which identifies all OML 2 roads and OHV routes to be closed as a result of construction and/or maintenance activities. Notification of temporary closure and reroute of the Pacific Crest National Trail and/or other trails. LADWP shall coordinate with the BLM, USFS, PCTA, and other agencies or organization(s) regarding temporary closure of trails that would occur during Project construction and maintenance activities. The following shall be included in this coordination effort to the R-1d extent feasible:

Identification of trail diversions to be applied at each point where trails would be temporarily closed to through-traffic as a result of construction and maintenance activities; and Posting of public notices of temporary closures/diversions at . locations determined to be aoorooriate bv the aaencv or

50 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1:36 P.M. Page 51

organization during construction and maintenance activities. Compensate ANF for reductions in Adventure Pass sales due to recreation area closures associated with the Project. Before Project construction in the ANF, LADWP shall coordinate with the USFS (ANF) to identify recreational resources on NFS lands in the ANF that would be temporarily closed as a direct result of Project construction. A resource is only considered to be closed directly as a result of Project construction if the resource is made entirely inaccessible to the public as a sole result of Project activities.

R-1e LADWP shall coordinate with the USFS in reviewing financial records of the Adventure Pass program as well as recreational use data for the ANF. Upon completion of this review, LADWP and USFS shall come to agreement on recreation enhancement projects that wili mitigate for the temporary loss -of recreation facilities-and reduction in revenue, comparable to the direct impacts of the Project. These projects shall be carried out by LADWP, according to plans and specifications of the USFS, Projects do not necessarily have to occur at sites directly impacted "bythe Project, but shall remain commensurate with the

Avoid permanent upgrades to National Forest System roads. LADWP shall avoid the permanent upgrade of NFS roads to the extent feasible as a result ofProject construction or operation and maintenance activities unless otherwise approved by the'USFS. Road upgrades that are required to accommodate construction of the Project shall be temporary in nature, Following construction of the Project, existing OML standards designated for temporarily improved roads shall be adhered to, R-2 thereby returning improved roads to existing maintenance practices, unless otherwise authorized by the USFS. As determined to be necessary through coordination between LADWP and the USFS and at the discretion of the USFS, LADWP shall develop a plan for returning improved NFS roads to existing conditions. LADWP shall implement the restrictions for road improvements and maintenance set forth in the Special Use or Road Use Authorization to be issued by the USFS for the P Installation of physical barriers. LADWP would install physical barriers to prevent illegal OHV use to the extent feasible. R-3 LADWP will place and maintain barriers, such as boulders or rail fencing, during restoration of temporary work sites. In addition, LADWP would place aates at permanent LADWP roads where

51 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1:36 P.M. Page 52

Reso~rces .~I______~~--~~----_=--~--~--~--~--~----~ Crossing Linear Features - To reduce visual impacts at crossings of linear features identified as highly sensitive in the visual resources inventory, towers shall be placed at the maximum feasible distance from the crossing within limits of standard tower design. On ANF lands, to the extent practical, LADWP shall design and space all new transmission line VIS-1 structures at road crossings and trail crossings so that conductors are approximately mid-span at the road or trail. Structures should be set as far back from the crossing as possible. When feasible, crossings should be made at right angles and the site chosen for the crossing should be the one that will result in the least disturbance or alteration of the natural land Feathered Vegetation Clearing - Where vegetative clearing is VIS-2 ·necessary, to-the-greatest extent possible, clearing edges shall be tapered and feathered to reduce the visual . -Existing Access Road Widening or Upgrades - To the greatest extent possible. LADWP shall use existing and already maintained access roads and spur roads to perform project construction. Where erosion potential has been··iGlentified as VIS-3 severe or very severe in the visual contrast analysis, no widening or upgrading of existing access roads shall be undertaken in the area of construction and operation, except for repairs necessary to make roads passable and where the USFS has approved lans submitted bv LADWP before construction. Pacific Crest National Scenic Trail - Where the proposed transmission line route crosses the Pacific Crest National Scenic Trail, the transmission towers shall be engineered to be placed VIS-4 as far away from the Foreground viewshed (0.5 mile) of the Trail as feasibly possible within engineering constraints, and a minimum of 300 feet from the PCT if ...... ,..,.;h' Clean Up Construction Related Areas - LADWP shall keep construction-related operations areas clean and tidy by storing building materials and equipment within the proposed construction staging areas· and/or generally away from public view when feasible. LADWP shall remove construction debris, including temporary fencing when no longer needed, promptly VIS-5 and at regular intervals. For ANF lands, in areas where cleared vegetation would be visible from sensitive viewing locations, LADWP shall dispose of cleared vegetation and woody material off-site (not necessarily off-ANF land), or chip and store for restoration work, as approved by the USFS, in a manner that is not visuallv evident and does not create visual contrasts.

52 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 53

Construction Site Clean Up and Restoration - When the construction period is over, construction sites shall be cleaned VIS-6 up and their surfaces shall be restored as closely as possible to re-construction conditions. Fence Screening - All temporary chain-link fencing installed during the construction process shall be covered with screening fabrio or slats and shall be maintained in good working condition until the fence is removed. This process will help provide VIS-7 screening from construction activities, equipment and materials. The fabric/slat colors shall be selected based on what best blends in to the immediate surroundings of where they are being used. Reduce Glare and Light Spill - Where applicable, the lighting specified during the implementation of this Project shall be the minimum required to meet safety and security standards. All VIS-B light fixtures shall be hooded to eliminate any potential for glare effects and to prevent lightirom spilling off the-site or up into the sky. In addition, the. fixtures shall hav.e_sensors or switches to rmit the liahtina to be turned off at times when not reauired. Darkened Structure Treatment ­ LADWP shall implement darkened steel lattice structure treatment for sele9ted locations within the- ANF for the new 230kV transmission line:- For each Alternative, treatment options and selected locations for the new 230 kV transmission line are as follows: VIS-9 • Alternative 1: dark grey, mileposts 58.2 - 73.8 • Alternative 2: dark grey, mileposts 51.7 - 52.6, 54.9 - 58.5 • Alternative 2a: in addition all the Alternative 2 treatment options and locations: medium grey, mileposts 0.0 - 6.6 • Alternative 3: none Landscape Screening - To the extent practical, LADWP shall locate new transmission line structures in areas where they are screened by natural landscape features (e.g., behind a hill) so that they are seldom seen by ANF visitors or the general public. Natural topography lines should be followed to soften the visual impact of structures and of disturbances of soils and vegetation. Avoid placing lines in the center of valleys or draws where they VIS-10 would be even more prominent. To the extent feasible, the final locations of transmission structures shall be adjusted to avoid locations that place the structures in the middle of the line of sight from roads, trails and other important views. New routes should follow vegetative edges whenever possible for added screening and to soften the visual impact of the transmission line. -Avoid Skylining ofTowers - To the extent practical, LADWP ------VIS-11­ shall desianand locate new transmission lines so that thev do

53 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 54

not break the skyline or are directly on the skyline when viewed from sensitive viewpoints. LADWP shall consult with the USFS to ensure that the obiectives of this measure are achieved. Minimize Vegetation Clearing - To the extent practical, LADWP shall keep modifications of the natural settings to what is minimally required for safe, efficient construction, operation, and VIS-12 maintenance of the Project. Areas that are cleared/opened solely for safe access during the construction stage and that exceed the need for permanent future access into the site shall be restored to the areatest extent possible. Avoid Locating New Roads in Bedrock - Where feasible, re­ opened and/or new access road and spur road locations on ANF VIS-i3 land shall be designed to avoid bedrock cuts, and all road cuts shall be in soil material to protect landscape character, ensure and promote visual Excavated Materials Disposal - For ANF lands, LADWP shall -dispose of excavated materials (excess soil and rocks, etc.) in disposal areas (either on ANF lands or off ANF lands) as VIS-i4 designated by the USFS. Where applicable-, any tower footings designated for removal (concrete, reinforcing steel, angle steel, anchor bolts. etc.) shall be disposed off ANF lands. ConstrucUon Area Site Selection - To the extent feasible; the sites selected for use as construction yards, pull sites, helicopter landing zones, laydown areas, etc., shall be areas that are VIS-iS already flat, disturbed, and/or clear of vegetation, which would require the least amount of modification, clearing, and soil disturbance. To the extent feasible, these construction features shall be in areas of low visual sen Compensation for Impacts to Landscape Character and Visual Quality ­ All reasonable efforts shall be made to meet the Scenic Integrity Objectives (SIOs) shown on the SID Map in the ANF Land Management Plan. Minor adjustments that exceed a drop of more than one SID level are allowable, with the Forest Supervisor's approval, for necessary projects that meet a greater public need and cannot be reasonably accommodated VIS-iS on non-NFS land. In areas where the SIOs cannot be met, LADWP and the Forest Supervisor shall reach a consensus on what is a commensurate amount of Visual/Scenery Management related restoration or compensation to the ANF to make up for the Project's long-term visual impacts to the landscape character and visual quality, including but not limited to impacts to landscape character and visual quality of scenic highway and scenic trail viewsheds. Span Matching of Existing Structures ­ To the extent VIS-i7 and within the limits of standard structure

54 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1:36 P.M. Page 55

LADWP shall match existing structure spacing, spans and heights as closely as possible to reduce visual complexity as seen from hioh concern viewDoints. Treat New Concrete Footings and any other permanent Project-related structures with Visually Appropriate Color or Construction Materials in Selected Areas - Within the limits of normal construction practice and in areas on the ANF identified during final design by the ANF landscape architect and approved by the Authorized Officer, LADWP shall apply a. one-time treatment or application on the exposed surfaces of all new footings and concrete structures using the vendor's standard method (a concrete additive or stain, to be determined during VIS-18 final design). Up to three colors may be chosen by the ANF landscape architect; however, consideration would be given to apply the colors in a reasonable approach to limit the non­ contiguous use of each color. Other constructed permanent (3 years or more}features/stmctores inCludrrrg, but not limited to, retaining walls, .fences, mItes, drains, Gulverts, bridges, I.ow water crossings, etc., on the ANF must meet the guidelines in the Built Environment Image Guide and the SMS to the extent feasible and be approved by the ANF landscape architect and the authorized-officer.

For Project construction and operation, off-road or cross-country access routes shall be preferred, as feasible, over the construction of new access roads. Such access roads would be approved in advance by the Environmental Monitor and the Project Manager and be flagged with easily seen markers. Any new access roads shall be constructed by mowing or crushing, rather than blading, wherever possible. Mowing for temporary or permanent access roads shall be limited to a 12 foot wide area on straight portions of the road (slightly wider on turns), and the HYD-1 mowing height shall be no less than 4 inches from finished grade. Existing crossings shall be utilized at perennial streams, wetlands, and irrigation channels to the extent feasible. New access roads not required for ongoing maintenance shall be permanently closed after construction using the most effective and least environmentally damaging methods appropriate to that specific area, with concurrence of the landowner or land manager {e.g., stockpiling and replacing topsoil, or rock replacement). Roads would be built as near as possible to right angles to the ____HYD-2 streams and washes, if feaSible. Culverts would be installed where necessary. All construction and maintenance activities shall be conducted in a manner that would minimize disturbance

55 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1 :36 P.M. Page 56

to vegetation, drainage channels, and intermittent or perennial stream banks. In addition, road construction would include dust­ control measures during construction in sensitive areas. All existing roads would be left in a condition equal to or better than their condition before the construction 'of the transmission line. New impervious areas associated with temporary construction would be restored to existing conditions, including but not limited HYD-3 to revegetation, to the extent possible after completion of Project construction. . Stormwater drainage inside switching station walls would be designed to minimize erosion and increase sediment control. Internal runoff would be released from the switching station by HYD-4 means of surface drainage structures designed to filter contaminants from water flow. Drainage from the property would be collected and controlled by surface improvements, as detailed in the SWPPP. Structures and-new access roads placed within a 1DO-year HYD-5 floodplain would be engineered so that they do not impede or redirect flood flows or raise the flood elevation.

Structures within the 1~O-year floodplain of rivers and streams HYD-6 would be designed to minimize the capture oHlood debris to prevent flow obstructions and scouring during flood flows. Structures adjacent to or downslope of lakes and reservoirs HYD-7 would be designed to minimize damage from inundation of a seismic seiche. .

Eliminate Transmission Line Bounded Islands. LADWP shall eliminate the transmission line bounded islands, as feasible within the limits of standard transmission line design, that would be created by the proposed transmission line along Alternative 1, Alternative 2, and Alternative 2a where the new line departs and F-1a remerges with the existing transmission line corridors. Sp.ecifically, this would apply to Alternative 1 between mile markers 52.2 and 52.7 and 55.2 and 55.7; Alternative 2 between mile markers 55.0 and 55.7; and Alternative 2a between mile markers 55.0 and 55.6. Remove the .Potential for Wooden Pole Contact. Within the limits of standard transmission line design, the Project should be constructed to avoid potential conflict of existing wooden poles F-1b from either conductor contact or from the placement of the new transmission structures. If avoidance of the wooden poles is not - ible throuoh desion of the Proiect. then LADWP would

56 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 57

coordinate with the responsible utility to rebuild as steel poles or relocate the wooden poles to meet standard avoidance practice. Potential wooden pole contact exists along Alternative 1 between mile markers 52.2 and 53.4, Alternative 2 between mile markers 52.7 and 54.7, Alternative 2a between mile markers 52.7 and 54.7, Alternative 3 between mile markers 41.0 and 53.9, and along the reconductoring of the existing BR-RIN 230 kV transmission line in the same mile marker locations of the new line listed above under Alternative 2. Share Costs for ANF. Fuel Break Maintenance Programs. LADWP shall enter into a cost-sharing agreement with the USFS for maintenance of existing backbone fuelbreaks within the ANF that are close (within 0.25 mile of the proposed centerline) to the Project or that transect one of the Alternatives. A backbone fuelbreak is an identified key ridge or other linear geographical feature that has a high level of effectiveness in slowing or F-1c contatning a wildfire.

LADWP's responsibility under the cost-sharing agreement would be established through coordination between LADWP and USFS. Responsibility would be proportional to the Project's potential impacts on wildfire prevention and suppression. The fuelbreaks program between USFS and LADWP shall be finalized before transmission line eneraization. Provide Transmission Line Safety Training to Regional Fire Prevention Agency Staff. LADWP and fire prevention agencies shall coordinate to provide transmission line bi­ lateralfcooperative fire safety training to regional fire prevention agency staff before the start of the official fire season following construction of the Project. LADWP and the agencies will coordinate and mutually decide if additional training is needed in F-1d subsequent years, and on the duration, content and most productive methods to conduct the bi-Iateral training. A key element of this bi-Iaterallcooperative training mitigation is to allow for the exchange of BRRTP-specific construction, maintenance and operation activities planned for the coming year, as well as to update both Utility and Fire Agency emergency fire reporting and fire suppression coordination

Coordinate During Emergency Fire Suppression Activities. In the event of a fire within the Project area, LADWP would coordinate construction activities with fire agencies to avoid F-1e obstructions to firefighting activities. The following provisions shall be defined based on conSUltation with fire agencies. Onsite LADWP and contracted oersonnel shall coordinate fire

57 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 58

suppression activities through the active Fire Incident Commander, and emergency ingress and egress to construction­ related access roads shall remain unobstructed at all times during active firefighting activities. Construction in the work area shall cease in the event of a fire within 1,000 feet of the work area or a distance deemed to be unsafe for construction crews. The work area includes the transmission ROW, construction laydown areas, pull sites, access roads, parking pads, and any other sites adjacent to the ROW where personnel are active or where equipment is in use or stored. LADWP shall contact cooperating fire agency dispatches seven days before helicopter use and shall provide dispatch centers with radio frequencies being used by the aircraft, aircraft identifiers, the number of helicopters that would be used while working on or near CAL FIRE Contract County and ANF lands at any given time, and the flight pattern of helicopters to be used. Should a wildfire occur within five (5) miles of the work area, if instructed by the Incident Commander and/or Forest Aviation Officer, construction-related helicopters in use by LA[j~JP shall immediately cease construction activities and not restart aerial operations until authorized bv the appropriate fire acen Implement FAAlUSFS-Review for the-Appropriate Installation of Aerial Warning Signage and/or Lighting per FAA "Advisory AC70-7460 - Obstruction Marking and Lighting." Before approval of final Project design, LADWP shall consult with the FAA in regards to Aerial Warning Signage F~1f I and/or lighting per FAA "Advisory AC70-7460 - Obstructions Marking and Lighting" dated Feb. 1,2007. Following FAA coordination, LADWP would contact Aerial Fire Suppression agencies for updates related to the location and final design of the transmission line, including tower heights and any warning and/or Iiahtina reauired bv the FAA. Develop and Implement a Construction and Maintenance Fire Prevention Plan. LADWP shall coordinate, develop and implement a Fire Prevention and Vegetation Management Plan, which may be incorporated into the overall COM Plan, to cover construction and maintenance activities associated with the Project. The Plan would include monitoring activities during F~2a I construction to ensure implementation and effectiveness of the Plan. The Plan would be applicable to the entirety of the Proposed Action or Alternative during all construction and maintenance activities. The Plan will be developed in coordination with USFS and BLM, with input from the CAL FIRE Contract County. The plan will be approved by the Forest -Service and BLM prior the start of anv construction activities.

58 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 59

At a minimum, Plan contents shall include the requirements of ANF Fire Management Plan and Title 14 of the California Code of Regulations, Article 8 #918 "Fire Protection." Based on these requirements, the plan will include procedures for reporting fires, minimum fire suppression equipment requirements, communication, construction restrictions based on fire conditions. fire oatrols. and fire suppression water su Cease Work During Red Flag Conditions. During Red Flag Warning events, as issued daily by the National Weather Service and the Los Angeles County Fire Department in Federal Responsibility Areas (FRAs) and Local Responsibility Areas FM2b I (LRAs), all non-emergency construction and maintenance activities shall cease in affected areas. An exception shall be made for transmission line testing where a transmission line may be tested if the loss of another transmission facility could lead to ~v~tF!m instabilitv or cascadi Remove Hazards from the Work Areas. Before starting construction and/or maintenance work on the Project, LADWP shall clear or remove brush and dead and decaying vegetation that would pose a fire hazard from the work area. The work area includes the transmission ROW, construction laydown areas, pull FM2c I sites, access roads, parking pads, remote helicopter construction sites, helicopter fueling/maintenance sites and any other sites adjacent to the ROW where personnel are active or where equipment is in use or stored. For ground-based construction, cleared vegetation may either be removed or chipped and read onsite in oiles no hiaher than six (6) inches. Fire Prevention On Private Property. The BRRTP fireshed assessment area comprises 55% non-federal ownership that includes many homes, businesses, and other structures associated with these communities. Active fire prevention practices by home- and land-owners would mitigate and decrease the potential for loss of private property, including homes, in the event of a wildfire. Fire prevention practices primarily include creation of defensible space around structures F~3a I (compliance with Public Resources Code 4291) but can also include retrofitting rooftops with fire-proof materials, fire shutters, double pan windows, eave boxing, removal of attic vents, automatic or remotely operated water sprinklers and automatic or remotely operated, generator-supported water systems, and removal or replacement of wood fencing and decks with fire­ resistant materials. There are various existing programs at the federal, state, and local level that are available to individual land owners and communities for education and fundina for s

59 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 60

wildfire prevention measures. These programs and grants are available through the National Fire Protection Association's (NFPA) Firewise Communities, the National Fire Plan, FEMA Region IX, the California Fire Safe Council, and locally with the Angeles Forest Valleys and Lakes Fire Safe Council, as well as numerous private foundations. The responsibility to implement and maintain these fire prevention measures as part of this mitigation measure on private property lies with the individual landlhome owner. State and Local fire agencies have enforcement authoritv for state and local code reauirements.

BE IT FURTHER RESOLVED that this Board finds an additional suitable mitigation measure for impacts related to project construction. The Board will authorize funding for community emergency preparedness supplies for placement within the community of Green Valley for use by the public or LADWP personnel in the event of a local emergency or natural disaster during such time as traffic impacts during construction may be occurring and funding for improvements to the Green Valley Community Hall/Emergency Response Center as a result of recreation impacts from the Proposed Project. Expenditures are not to exceed $250,000. The Board hereby finds that the purchase of these supplies and building upgrades will not create any different or substantially more severe environmental impacts from those examined in the EIR, does not constitute "significant new information" as that term is defined under CEQA Guidelines Section 15088.5 and would not othe~ise require recirculation of the EIR.

BE IT FURTHER RESOLVED, that the Chief Accounting Employee of the LADWP, upon approval of the Manager of Environmental Planning and Assessment, is authorized and directed to draw demands on the Power Revenue Fund in payment of the obligations arising under this Board R!3solution.

BE IT FURTHER RESOLVED that this Board finds that while the implementation of these mitigation measures would lessen the environmental effects associated with cultural resources, earth resources, hazardous materials, public services and utilities systems, and wildfire and fuels to a level of less than significant, the temporary construction impacts associated with air quality and climate change and transportation would remain significant as would the permanent unavoidable impacts to agricultural resources, biological re~ources, recreation, visual resources and water resources.

BE IT FURTHER RESOLVED that this board has been identified Alternative 2, the Proposed Action, as the Environmentally Superior Alternative Consistent with CEQA Guidelines Section 15126.6(e)(2).

BE IT FURTHER RESOLVED that this Board acknowledges that pursuant to CEQA and the Guidelines adopted pursuant thereto, that before it may approve a project, which has potentially significant effects on the environment, it must first make certain findings and determinations. Accordingly, the Board determines that it first finds Whether there are specific economic, legal, social, technological, or other considerations which make

60 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 61

infeasible further mitigation measures or project alternatives as identified in the Final EIR and further determine whether the benefits of the project outweigh such unavoidable temporary and permanent significant effects. Accordingly, the Board herewith makes the following findings in support of a decision to approve Alternative 2, the Proposed Action with permanent and temporary significant effects:

There are no feasible mitigation measures that would reduce cumulative agricultural resource impacts to a level of less than significant due to the likelihood of ongoing development throughout the cumulative effects area for agricultural resources which is typically characterized by the conversion of Farmland to grazing land, and grazing land to residential developments, clustered in and around community developments.

There are no additional feasible mitigation measures that would reduce air quality and climate change impacts to a level of less than significant due to the types of equipment needed for construction and because the expected emissions of PM10 would exceed the regional significance thresholds. Also because it is likely that cumulative projects would result in air emissions simultaneously with the BRRTP construction activities, resulting in cumulatively considerable, but temporary, impacts to air quality due to emissions of PM 10.

There are no additional feasible mitigation measures that would reduce all biological impacts to a level of less than significant. Due to the location of the project within habitat of the mariposa desert lily, desert tortoise, and California gnatcatcher as well other and past, present, and foreseeable projects, Cumulative effects on these species would be significant.

There are no additional feasible mitigation measures that would reduce all cumulative recreational impacts to a level of less than significant. Due to the rapid growth that is current and ongoing in northern Los Angeles County, in addition to the history of Forest maintenance activities and other projects that are expected to continue into the future, it is reasonably foreseeable that construction activity impacts which would restrict access to or disrupt activities within established recreational areas would be cumulatively considerable. In addition, although mitigation measures required for Alternative 2 help to reduce the incremental contribution to the cumUlative significance of Impact of causing or contributing to degradation of the Pacific Crest National. Scenic Trail, this impact would still have the potential to combine with other, similar impacts of projects in the cumUlative scenario. Because the PCT is considered to be particularly valuable and a unique recreational resource, any combination of similar impacts that would affect the PCT in the impact area would result in a significant cumulative impact. Also, the Project would facilitate unmanaged recreational uses that would contribute to the long-term loss or degradation of recreational opportunities. Roadways that are improved or installed to facilitate Alternative 2 construction or operation and maintenance activities could potentially be used by recreationists to gain unauthorized access to areas that are not designated or intended for certain recreational purposes. Past projects throughout the area,

61 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1:36 P.M. Page 62

particularly in the ANF, have included the installation of roadways that facilitate unmanaged recreational uses. In addition, in light of expanding residential developments, particularly in Los Angeles County, new roadways are expected to be installed throughout the region and it is reasonably assumed that such roads could be used for unauthorized recreational purposes in the future making this impact cumulatively significant and unavoidable under CEQA.

There are no additional feasible mitigation measures that would reduce all Transportation/traffic impacts to a level of less than significant. Due to the location of the project within roadways whose performance would become worse than Level of Service "DU during the reconductoring portion of the project, although these impacts would be temporary, they would be considered significant.

There are no additional feasible mitigation measures that would reduce all Visual resource impacts to a level of less than significant. Due to the location of the project within Class A Scenic Attractiveness level areas as designated by the USFS Landscape Aesthetics: A Handbook for Scenery Management and its proximity to the Pacific Crest National Scenic Trail, impacts would be considered significant and permanent. In addition, the project would have cumulatively significant impacts on scenic attractiveness, sensitive viewpoints, and compatibility with USFS management objectives. Cumulative visual impacts would result from the visibility of the Project and other actions from sensitive viewpoints and from the visual contrast of the Project and other actions with the inherent aesthetic values of the landscape.

There are no additional feasible mitigation measures that would reduce all cumulative Water resource impacts to a level of less than significant due to the Project's proximity present and reasonably foreseeable projects which would involve grading activities, inCluding large-scale grading activities that would continue for years after the BRRTP is completed. These projects would have potential to affectlhe impact area by altering drainage patterns, accelerating erosion, and adding additional sediment to local drainages. Whenever multiple activities at a single site, or activities at multiple sites, produce similar or complementary changes to environmental parameters or watershed processes, the resulting impacts can be cumulatively significant, even if they are individually insignificant.

This Board further finds that the alternative project alignments, Alternative 1, 2a and 3, do not as favorably compare to Alternative 2 in terms of reducing overall impacts. Alternative 1 would include the longest transmission line and greatest temporary and permanent ground disturbing impacts among the action Alternatives. It would also create impacts to the only cultural resource in the Project study area currently listed on the National Register of Historic Places, the Old Ridge Route and its contributing components. Additionally. it would create unique impacts to the Castaic Lake State Recreation Area. Alternative 2a, similar to the Proposed Action (Alternative 2), would locate a majority of the

62 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 63

transmission line on federal land within the federal corridor identified in the West­ Wide Corridor PElS, but would avoid the unincorporated community of Green Valley by exiting the corridor and creating a new pathway through the ANF for four miles before re-joining the federal corridor. The Alternative 2a transmission line would not parallel an existing transmission line or the proposed reconductoring activities for those four miles, resulting in construction, operation and maintenance impacts in additional areas of the ANF. Importantly, Alternative 2a would result in significant and unavoidable impacts to firefighting abilities within the ANF, by creating an indefensible Transmission Lin~ Bounded Island of forest land between the existing BR-RIN and proposed transmission lines, where firefighting activities would be severely limited. Such an indefensible island would permanently put the unincorporated community of Green Valley, as well as the unincorporated communities of Lake Hughes and Elizabeth Lake, at higher risk from wildfires. Alternative 3 would minimize the Project footprint on the ANF, but would impact the rural residential communities through which the proposed transmission line would traverse. It is"the only Alternative that would require the acquisition 9f private residences. Seven residences would need to be acquired for the construction of the proposed 230 kV double-circuit transmission line associated with Alternative 3. It is also the only Alternative that would impact Mountains Recreation Conservation Authority land.

This Board further finds that the No Project Alternative is essentially infeasible to approve for the following specific reasons: While it would eliminate the significant short-term and permanent impacts resulting from the installation of the Project, it would not not meet the purpose and need of the Project, including the transmission and storage of renewable energy.

This Board further finds that all other considered alternatives, including generation alternatives, design alternatives and routing alternatives, were dismissed because they did not meet the basic Project objectives.

This Board further finds that the proposed project would result in reduced impacts when compared to other feasible alternatives and is the environmentally superior alternative.

BE IT FURTHER RESOLVED that this Board finds, pursuant to the requirement that it adopt a Statement of Overriding Considerations to support approval of a project with significant effects on the environment, that there are specific economic, legal, social, technological or other benefits of the proposed project which outweigh the significant effects on air quality and climate change, biological resources, cultured resources, recreation, visual resources, water resources, agriculture and transportation/traffic, and therefore determines to approve the proposed project for the following reasons:

The BRRPT would reduce the environmental impacts associated with greenhouse gas emissions and create a more sustainable environment.

The BRRPT would assist LADWP in meeting RPS goals.

63 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 64

The BRRPT would assist in meeting LADWP's future electrical energy demands.

The BRRPT would allow interconnection and expansion of LADWP's renewable energy in the Tehachapi Mountains and Mojave Desert areas.

The BRRPT would increase LADWP's system reliability and flexibility in the utilization of renewat:>le energy sources.

The BRRPT would enable the delivery of renewable energy to the City of Los Angeles.

BE IT FURTHER RESOLVED that this Board certifies that the Final EIR has been prepared in compliance with CEOA, that it has reviewed and considered the information contained in the EIR, and that the EIR reflects the independent judgment and analysis of this Board.

BE IT FURTHER RESOLVED that this Board certifies the Final EIR, requires implementation of the mitigation measures, adopts the Mitigation Monitoring and Reporting Plan, approves the Barren Ridge Renewable Transmission Project, authorizes its construction, and approves the payment for permit and mitigation costs associated with the project.

BE IT FURTHER RESOLVED that LADWP shall file a Notice of Determination with the Los Angeles and Kern County Clerk and the Los Angeles City Clerk within five working days after deciding to approve the project. ' .

BE IT FURTHER RESOLVED that the Environmental Affairs Section will be the custodian of the record of proceedings for this project.

I HEREBY CERTIFY that the foregoing is a full, true, and correct copy of a Resolution adopted by the Bo~rd at its meeting held on SEP 1 8 2012

~f.~~ Secretary

-----

64 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M.

ATTACHMENTB

ITEM NO. 24 - Recommends certification ofthe Environmental Impact Report for Scattergood Generating Station Unit 3 Repowering Project; Adoption ofthe Mitigation Monitoring and Reporting Plan; Adoption ofthe Findings ofFact and Statement ofOverriding Considerations; and approval ofthe Scattergood Generating Station Unit 3 Repowering Project after consideration ofthe EIR and budget. Submitted by Director ofEnvironmental Affairs and Senior Assistant General Manager - Power System.

RESOLUTION NO. 013-065

WHEREAS, the Los Angeles Department of Water and Power (LADWP) has an obligation to provide adequate and reliable electricity service to customers in the City of Los Angeles; and

WHEREAS, the LADWP entered into a formal Settlement Agreement with the South Coast Air Quality Management District (SCAQMD) in May 2003 to reduce air pollutant emissions from stationary sources in the South Coast Air Basin; and

WHEREAS, that Settlement Agreement, as amended in September 2011, calls for the repow~ring of Scattergood Generating Station Unit 3 by December 31,2015; and

WHEREAS, wind and solar power are becoming important components of the LADWP's comprehensive and diversified approach to electrical energy generation, but are limited by the intermittent and variable nature of the resources, necessitating other components capable of responding rapidly and in a controlled manner to complement fluctuations in generation; and ­

WHEREAS, Scattergood Generating Station Unit:3 is an inefficient steam boiler generator unit, nearly 40 years old, that lacks the operational flexibility of the proposed project and requires increasing maintenance procedures and associated downtime; and

WHEREAS, evolving state and federal regulations have established stricter limitations on the operation of once-through systems related to environmental impacts potentially created by the use of large volumes -of ocean water for generator cooling.

NOW, THEREFORE, BE IT RE;SOLVED that the Board of Water and Power Commissioners (Board) recognizes that a study was made of the environmental effects of the Scattergood Generating Station Unit 3 Repowering Project, including its construction and operation. This study is embodied in the Environmental Impact Report (EIR) on file with the Secretary of this Board and is incorporated in this Resolution, and made a part hereof.

BE IT FURTHER RESOLVED that this Board makes the following findings and determinations with respect to the proposed project:

The proposed project would replace the 460 Mega Watts (MW) gross generation capacity of Unit 3 with either one Combined Cycle Generating System (CCGS) and one Simple Cycle Generating System (SCGS) (Generation Scenario 1) or two CCGS (Generation Scenario 2) at the existing Scattergood Generating Station. The proposed project also includes the associated cooling units, pollution control systems and other ancillary facilities necessary for the operation of the new generation units. REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1:36 P.M. Page 2

The new generation units would provide a total gross generating capacity of between 525 and 590 MW. The proposed project also includes derating (physically and permanently reducing the generating capacity of) the existing Unit 1 such that there would be no increase in the total gross generating capacity of the station.

The proposed project also includes decommissioning and removal of the existing Unit 3 steam boiler generator.

BE IT FURTHER RESOLVED that this Board makes the following further findings and determinations with respect to the proposed project:

LADWP is lead agency under the California Environmental Quality Act (CEQA) and has prepared an EIR in compliance with CEQA.

An Initial Study (IS) and a Notice of Preparation (NOP) of an EIR were prepared and made available for public review from January 27,2011 to February 25, 2011. The NOP was filed with the Los Angeles City and County Clerks on January 24, 2011 and January 25, 2011, respectively. Notice was also published in the legal section of the Los Angeles Times on January 27, 2011. Copies of the IS and NOP of an EIR were sent to the California State Clearinghouse as well as local agencies, organizations, and individuals believed to·have an interest in the proposed project. Copies of the NOP and IS are included in Appendix A of the Draft EIR, which is on file with the Secretary of the Board as Attachment 1 to the Board Letter. Copies of the mailing list and proof of publication are on file with the Secretary of the Board as Attachment 2 to the Board Letter.

A total of six comment letters were received in response to the NOP. Comments received were considered in the preparation of the Draft EIR and have also been included in App.endix A of the Draft EIR (Attachment 1).

A Draft EIR and Notice of Availability (NOA) of a Draft EIR for the project were prepared and made available for a 47-day public comment period from May 17, 2012 to July 2,2012. The Draft EIR and NOA of a Draft EIR were filed with the City Clerk on May 15, 2012. The NOA was filed with the County Clerk on May 16,· 2012, and notice was published in the legal section of the Los Angeles Times on May 17, 2012. Copies of the NOA of a Draft EIR were sent to the California State Clearinghouse as well as local agencies, organizations, and individuals commenting on the NOP. Copies of the notice, mailing lists for the NOA and Draft EIR and Proof of Publication of the notice in the Los Angeles Times are on file with the Secretary of the Board as Attachment 3 to the Bqard Letter.

Seven comment letters were received on the Draft EIR. These letters were submitted by the California State Clearinghouse, Native American Heritage Commission, City of Los Angeles Bureau of Sanitation, South Coast Air Quality Management District, City of EI Segundo, Heal the Bay, and Gerhardt Van Drie.

2 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 3

The Final EIR, comprised of the Draft EIR, comments received on the Draft EIR, and responses to those comments, was prepared and made available to the public 10 days ahead of Board consideration. The Final EIR was sent to each agency that submitted comments. The Final EIR, on file with the Secretary of the Board, has been included as Attachment 4 to the Board Letter.

The Final EIR, now before this Board, identifies the following potentially significant impacts and proposed the following mitigation measures:

Potential 1m act Miti ation Measures --­ Air Quali!y AQ-1. The proposed project would AIR-A: During Project construction, all conflict with or obstruct implementation internal combustion engines/construction of the applicable air quality plan; would equipment operating on the Project site violate any air quality standard or shall meet EPA-Certified Tier 3 emissi6ns contribute substantially to an existing or standards, or higher, according to the projected air quality violation; or would following: result in a cumulatively considerable • From January 1,2012, to December net increase of any· criteria pollutant for 31,2014: All off-road diesel-powered which the project region is construction equipment greater than 50 non-attainment under any applicable horsepower shalJ meet Tier 3 off-road federal or State ambient air quality emissions standards. In addition, all standard. construction equipment shall be outfitted with control technologies certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations • On or'after January 1, 2015: All off- road diesel-powered construction equipment greater than 50 horsepower shall meet the Tier 4 emission standards, where available. In addition, all construction equipment shall be outfitted with control technologies certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions' control strategy for a similarly sized engine as defined by CARB re ulations. --~ ...... -.-­

3 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 4

• A copy of each unit's certified tier specification, control technology documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment.

AIR-B: In the event a Tier 3 or Tier 4 . engine is not available for any off-road engine larger than 50 horsepower, that engine shall be equipped with a diesel particulate filter (soot filter), unless certified by engine manufacturers that the use' of such devices is not practical for specific engine types. For purposes of this condition, the use of such devices is "not practical" if, among other reasons:

1. There is no available soot filter that has been certified by either CARB or the EPA for the engine in question; or

2. The construction equipment is intended to be on site for 10 days or less.

The use of a soot filter may be terminated immediately if one of the following conditions exists:

1. The use of the soot filter is excessively reducing normal availability of the construction equipment due to increased downtime for maintenance, and/or reduced power output due to an excessive increase in backpressure;

2. The soot filter is causing or is reasonably expected to cause significant engine damage; or

3. The soot filter is causing or is reasonably expected to cause a significant risk to workers or the public.

4 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 5

"'

AIR-C: All construction equipment shall be properly maintained and the engines tuned to the engine manufacturer's specifications.

AIR-D: Prohibit construction equipment from idling longer than five minutes and post signs prohibiting idling longer than five minutes at the facility entrance and near areas where construction equipment is operating.

AIR-E: The engine size of construction equipment shall be the minimum practical size to support the required scope of work for the equipment.

AIR-F: Use electric welders instead of gas or diesel welders in portions of the facility where electricity is available.

AIR-G: Use on-site electricity rather than temporary power generators in portions of the facility where electricity is available.

AIR-H: Suspend all construction activities that generate air pollutant emissions during first stage smog alerts.

AIR-I: Use electricity or alternate fuels for on-site mobile equipment instead of diesel equipment to the extent feasible.

AIR-J: The testing and maintenance of the black start generators shall be prohibited during the commissioning of electrical , generation units. f··· -:----::-=------\-,~...... - ...... ------1 Cultural Resources CR-2. The proposed project would CR-A: The Project owner shall retain a indirectly or directly destroy a unique qualified vertebrate paleontologist to design paleontological resource or site or and implement a paleontological resource unique geologic feature. mitigation monitoring program to mitigate impacts to significant nonrenewable resources. This plan should include a grading observation schedule to be maintained when grading in bedrock units to further evaluate the fossil resources of

5 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 6

the site. This monitoring and mitigation plan shall be consistent with Society of Vertebrate Paleontology SVP (1994) standard guidelines for the mitigation of construction-related adverse impacts on paleontological resources, as well as the requirements of the designated museum repository for any fossils collected (SVP 1994). Specific components to be included in the monitoring program include the following:

1. A construction worker education program to inform the workforce about the potential for discovery of paleontological resources will include: a. procedures to follow if resources are discovered during any construction­ related activities, including order of notification of appropriate constructiqn personnel and LADWP officials, and redirection of construction activities while the find is evaluated; b. a description of known resources in 'the area; and c. instruction that these resources are protected by law and that there is a strict prohibition against collection or disturbance of any paleontological resource.

2. Excavation into the older Quaternary alluvial deposits, including the stratigraphic equivalents of the Palo Verdes Sand or San Pedro Formations, that possess a high paleontological sensitivity rating shall be monitored by a professional paleontologist. Areas to be monitoring during construction shall be determined after review of detailed geologic boring information.

3. Procedures shall be established for identification, salvage, analysis, curation and accession into a museum reposit()~

6 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 7

with permanent retrievable storage of any significant fossil specimens and data recovered.

A Paleontological Resources Report (PRR) shall be prepared, with an appended itemized inventory of specimens, upon completion of monitoring and evaluation. The report, inventory. and record of accession, when submitted to LADWP, will signify completion of the program to mitigate impacts to paleontological resources. ------Hazards and Hazardous Wastes HAZ-1. The proposed project is located HAZ-A: Prior to construction of the within two miles of LAX and would proposed generation units and/or prior to result in a safety hazard for people demolition of the Unit 3 stack, LADWP will residing or working in the area and submit plans for these components to the using airport services. FAA for hazard determination pursuant to 14 CFR Part 77. LADWP will implement hazard markings or other requirements established through the review process . during construction and/or demolition. HAZ-2. The demolition of existing HAZ-B: Asbestos surveys will be facilities would create a significant completed for buildings to be demolished hazard to the public through emission that were constructed prior to 1980 as and handling of hazardous materials at required under National Emissions the site. A preschool is located within Standards for Hazardous Air Poltutants one-quarter mile of the SGS site (NESHAP) guidelines and pursuant to boundary. SCAQMD Rule 1403. In addition, NESHAP guidelines require that all potentially friable , asbestos-containing materials be removed prior to building demolition.

HAZ-C: A lead survey of painted surfaces and soil around buildings constructed prior to 1978 will be completed prior to demolition. Requirements in the California Code of Regulation will be followed during demolition activities, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead-based paint or coatings will be disposed of at landfills that meet acceptance criteria for the waste being disp9sed.

7 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1:36 P.M. Page 8

HAZ-D: To quantify the amounts of waste to be generated and protect public health during removal, LADWP will prepare a detailed Waste Management Program prior to start of demolition activity. The purpose of the program is to create procedures for proper storage, labeling, packaging, record keeping, manifesting, use of waste minimization principles, and disposal of hazardous materials and waste. The following will be included: • A description of each hazardous waste component. • Waste classification procedures. • Waste container and label requirements. • Accumulation, handling, transport, treatment, and disposal procedures for each waste that protects public health. • Waste minimization procedures, including recycling opportunities. • Preparedness, prevention, contingency, and emergency procedures, including in the event of an unplanned closure or planned temporary facility closure. • All facility employees will receive awareness training for hazardous waste segregation, accumulation, and labeling; inspection of satellite accumulation areas; spill contingencies; and waste minimization procedures in accordance with Title 22 CCR.

Procedures to minimize the generation of hazardous waste. Employees will be trained in procedures to reduce the volume of hazardous wastes generated at the Project. The procurement.of hazardous materials will be controlled to minimize the storage of surplus materials on site and to prevent unused materials from becoming "off-specification."

8 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 9

--- Noise NOISE-1. Construction of the proposed NOISE-A: All construction equipment shall project would expose persons to or be properly maintained and equipped with generate noise levels in excess of City mufflers and other suitable noise (or other applicable) standards and attenuation devices. create a substantial temporary increase in ambient noise levels in the vicinity of NOISE-B: Grading and construction the project. contractors shall endeavor to use quieter equipment as opposed to noisier equipment (such as rubber-tired equipment rather than track equipment).

NOISE-C: The construction contractor shall ensure that .all stockpiling and vehicle staging areas are located away from noise-sensitive receivers, to the extent feasible.

NOISE-D: The construction contractor shall plan work such that activities that generate high noise levels will not be started outside the hours codified in the Los Angeles and EI Segundo Municipal Codes, and all reasonable efforts to conclude work in progress prior to the hours listed in these codes will be taken by the construction contractor.

NOISE-E: A public liaison for Project construction shall be identified who shall be responsible for addressing public concerns about construction activities, including excessive noise. The liaison shall determine the cause of the concern (e.g., starting too early, bad muffler) and shall be required to implement reasonable measures to address the concern. Prior to the outset of construction activity for the proposed project, LADWP or its contractor shall notify the City of EI Segundo and residents, businesses, and other uses located within 1,000 feet of SGS. The notification shall include the contact information for the project pu~lic liaison.

9 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 10

BE IT FURTHER RESOLVED that this Board finds that implementation of the mitigation measures will lessen the environmental effects to a level of less than significant with the exception of temporary impacts to air quality related to construction and commissioning of the new generating units.,

BE IT FURTHER RESOLVED that this Board acknowledges that pursuant to the CEQA and Guidelines adopted pursuant thereto, that before it may approve a project, which has potentially significant effects on the environment, it must first make certain findings and determinations, Accordingly, the Board determines that it first find whether there are specific economic, legal, social, technological, or other considerations which make infeasible further mitigation measures or project alternatives as identified in the Final EIR and further determine whether the benefits of the project outweigh such unavoidable temporary significant effects. Accordingly, the Board herewith makes the following findings in support of a decision to approve said project \I)Iith temporary significant effects:

There are no feasible mitigation measures that would reduce air emissions during construction and commissioning to a level of less than significant. The types and numbers of construction equipment arid worker vehicles cannot be changed or reduced while still accomplishing the necessary construction to implement the proposed project. The commissioning of the turbines involves several steps from the first fire through completion of the combustion turbine certification. Emissions are higher during commissioning than during normal operations due to the need to test and tune the combustion turbines prior to installation of the air pollutant emissions control systems. Although commissioning emissions exceed the maximum daily emissions for NOx, CO, PM10, PM2.5, and volatile organic compounds on a regional basis, detailed air quality dispersion modeling indicate localized emissions are less than significant.

This Board further finds that Project Alternative 1, the No Project alternative, is infeasible to approve for the following specific reasons: While it would eliminate the significant short-term construction-related impacts resulting from the proposed project, it would not achieve any of the project objectives other than helping to meet the energy demands of the City of Los Angeles. It would also be in direct violation of the formal Settlement Agreement between LADWP and SCAQMD, which stipulates repowering of the Unit 3 at Scattergood Generating. Station by December 2015. Further, it would result in greater long-term impacts related to air pollutant emissions and greenhouse gases, lower fuel efficiency, and continued use of ocean water for cooling than would be achieved by the proposed proJect.

This Board further finds that Project Alternative 2, the modification of the existing Unit 3, is infeasible to approve as it would likely require removal of the unit from service prior to replacement of its generation capacity.

This Board further finds that Project Alternative 3, the construction of the new units at an alternative location outside SGS, is infeasible to approve for the

10 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012, 1 :36 P.M. Page 11

following specific reasons: While constructing the new units at another location is technically feasible, it may be cost prohibitive due to the expense of property acquisition for the generator site as well as right of way for new or expanded transmission facilities. Similar or greater construction-related impacts and likely new significant long-term impacts may be expected in an alternate location. This alternative would also not meet the terms of the SCAQMD Settlement Agreement, which specifies that Unit 3 be repowered at Scattergood Generating Station.

This Board further finds that Project Alternative 4, the development of alternative energy sources, is infeasible to approve because its implementation has already been accounted for in the proposed project.

This Board further finds that Project Alternative 5, the purchase of additional energy from outside sources, is infeasible to approve for the following specific reasons: While this alternative is technically feasible, it is potentially cost-prohibitive and may violate the SCAQMD Settlement Agreement. Although it would eliminate the significant short-term impacts resulting from the proposed project, it may result in additional but currently unpredictable and non-quantifiable impacts related to the production and transmission of purchased energy_

BE IT FURTHER RESOLVED that this Board finds, pursuant to the requirement that it adopt a Statement of Overriding Considerations to support approval of a project with significant effects on the environment, that there are specific economic, legal, social, technological or other benefits of the proposed project which outweigh the temporary significant construction and commissioning effects on air quality and therefore determines to approve the project for the following reasons:

The proposed project would achieve a net reduction in air pollutant emissions at Scattergood Generating Station by repowering Unit 3 pursuant to the 2003 Settlement Agreement between LADWP and SCAQMD and its amendments. The repowering of Unit 3 at Scattergood Generating Station would reduce emissions by removing from service an aging and inefficient steam boiler generator unit that is nearly 40 years old and replacing its generating capacity with modern high-efficiency units. In accordance with the Settlement Agreement, this repowering must be achieved by December 31,2015..

The proposed project would reduce the consumption of natural gas and, as a result, the production of greenhouse gases through the increased efficiency of natural gas-fired electrical generation fa9i1ities. The operational characteristics of the proposed project turbines, including fast start, rapid ramping, and multiple daily on-off cycling capabilities that enable the units to quickly and precisely track demand, would greatly increase system generation efficiency and limit the combustion of natural gas compared with existing Unit 3, which takes significantly greater time to reach full generation load at startup and must often

11 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012, 1:36 P.M. Page 12

remain on line at minimum load, even when the power is not needed, in order to be available to generate increased power when necessary.

The proposed project would provide for the energy demands of the City of Los Angeles in accordance with the City Charter, which obligates LADWP to provide a reliable supply of electricity. It is estimated that despite considerable progress in energy conservation through both energy efficiency and load management programs, the overall demand for electricity in the City is expected to increase by approximately 13.5 percent between the years 2010 and 2030. In addition, growth in peak demand will increase approximately 100 MW per year over the same period. By maintaining an equivalent total generating capacity at Scattergood Generating Station, the proposed project would continue to provide for the energy demands of the City.

The proposed project would provide base load generation, which is the relatively predictable and constant minimum demand for power. This generation capacity has traditioni:lIly been provided by coal-powered facilities. However, recent regulations effectively prohibit utilities from signing new contracts for energy generated by coal-fired power plants. Large natural gas-fired power plants represent the most viable replacement of coal-fired generation because they provide a stable and dependable source of power that can fulfill the requirement for base load that most other types of generation cannot. In addition, the proposed base-load CCGS has relatively fast start characteristics, allowing the unit to be entirely shut down when not required, such as may occur overnight or on weekends when businesses are shut down.

The proposed project would facilitate the integration of renewable power resources into the LADWP generation system. While wind and solar power are important components of LADWP's comprehensive and diversified approach to electrical energy generation, their use is limited by the intermittent and variable nature of the resources themselves. Since electricity cannot currently be feasibly stored on a large-scale basis, the availability of electricity generated by wind and solar facilities fluctuates widely and unpredictably. In order to effectively integrate these power resources, LADWP's generation system must include other resources that can respond rapidly and in a controlled manner to complement their fluctuations. The proposed peak-load generation unit, whether the SCGS or CCGS, would be an effective complement to intermittent renewable power resources based on its ability to quickly achieve full generating capacity and ramp up or down rapidly in response to the unpredictaole and uncontrollable fluctuations in wind and solar energy resources. This would effectively facilitate the integration of large blocks of renewable power into the LADWP generation system.

The proposed project would increase the reliability of the electrical power generation system. Unit 3 at Scattergood Generating Station is nearly

12 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18, 2012,1:36 P.M. Page 13

40 years old and the required maintenance procedures and associated downtime have increased over time. The potential for unforeseen failures of the unit's mechanical and electrical systems will rise as the unit continues to wear with age. The repowering of Unit 3 would reduce the requirement for maintenance and the associated downtime and lessen the potential for unanticipated failures, thereby increasing the reliability of the electrical generation system and the power transmission and <;iistribution grid that it supplies. The in-basin location of the proposed units at Scattergood Generating Station would also increase system reliability by placing electrical generation near the center of demand, limiting the potential for power outages due to a loss or overload in the regional transmission system that transports energy from more distant generation sources.

The proposed project would eliminate the need to use ocean water for cooling, substantially reducing the intake and discharge volumes of ocean water at Scattergood Generating Station. Evolving state and federal regulations have established stricter limitations on the operation of once-through systems related to environmental impacts potentially created by the use of large volumes of ocean water for generator cooling. The SWRCB's Policy on the Use ofCoastal and Estuarine Waters for Power Plan Cooling makes compliance with newly defined impingement and entrainment limits extremely difficult at power plants continuing to operate with once-though ocean water cooling systems. In light of this new regulatory environment, LADWP has committed to eliminating once-through cooling systems on all generation units identified for repowering. The proposed project would utilize a dry cooling system not dependent on either ocean water intake or discharge, which would lead to a decrease in the maximum potential volume of ocean water by approximately 55 percent.

BE IT FURTHER RESOLVED that this Board certifies that the Final EIR has been prepared in compliance with CEQA, that it has reviewed and considered the information contained in the EIR, and that the EIR reflects the independent judgment and analysis of this Board.

BE IT FURTHER RESOLVED that this Board certifies the Final EIR, requires implementation of the mitigation measures, and adopts the Mitigation Monitoring and Reporting Plan.

BE IT FURTHER RESOLVED that this Board approves the Scattergood Generating Station Unit 3 Repowering Project, authorizes its construction, and approves the payment for permit and mitigation costs associated with this project.

BE IT FURTHER RESOLVED that LADWP shall file a Notice of Determination with the Los Angeles County Clerk and the Los Angeles City Clerk within five working days after deciding to approve the project.

13 REGULAR MEETING OF COMMISSIONERS (Continued) SEPTEMBER 18,2012,1:36 P.M. Page 14

BE IT FURTHER RESOLVED that the Environmental Affairs Section will be the custodi~n of the record of proceedings for this project. '

I HEREBY CERTIFY that the foregoing is a full, true, and correct copy of a Resolution adopted bY,the Board at its meeting held on SEP 1 8 2012

~~.~e)d- Secretary

14